New report warns tribunal delays threaten enforcement of workplace rights across England and Wales
A new report has warned that the Employment Tribunal system in England and Wales is facing a deepening crisis, with more than 65,000 open cases awaiting resolution by the end of 2025. The report, titled Employment Tribunals in Crisis: The Blind Spot in the ‘New Deal for Working People’, argues that growing delays and shortages of judicial resources are undermining workers’ ability to enforce employment rights despite recent legal reforms.
Researchers found that the backlog had increased by 43% in just 12 months, reaching the highest level since current records began in 2017. The report states that the issue is not being driven by workers bringing unusually high numbers of claims. Instead, it argues that the crisis stems from long-term underinvestment in judicial capacity and tribunal administration.
According to the findings, the growth in outstanding cases has significantly outpaced the increase in judicial sitting days. In the two years leading to March 2025, the backlog reportedly grew at more than three times the rate of tribunal sitting days. The report also noted that Justice Secretary David Lammy has announced fewer sitting days for 2026/27 compared with the previous two years.
Researchers said this reduction comes despite Government estimates that the Employment Rights Act 2025 could increase tribunal claims by 18%. The report further highlighted a decline in available judges. Despite rising caseloads, the number of judges in post was found to be 19% lower than in 2022.
London was identified as facing the most severe pressure. Tribunal judges in the capital were reported to be managing caseloads more than twice as high as elsewhere in England and five times higher than in Wales. In one example cited by the report, a claim lodged at the London South Employment Tribunal in January 2025 was reportedly not listed for hearing until 2029.
The report also pointed to growing numbers of litigants using artificial intelligence tools to prepare cases due to limited access to free legal advice services. Researchers suggested that AI-assisted claims could contribute to increasingly complex cases entering the tribunal system.
Ruth Neil said prolonged delays were particularly damaging for migrant workers, some of whom face visa expiry before their cases can be heard. She added that employers facing claims may dissolve companies or dissipate assets during extended waiting periods. The report called on the Ministry of Justice and HM Courts and Tribunals Service to increase judicial funding, strengthen tribunal administration, and improve case management systems.
Researchers also recommended expanding the powers of the proposed Fair Work Agency to handle non-payment claims, which they estimate could remove around 10% of open tribunal caseloads. The report concludes that without substantial investment, the Employment Rights Act 2025 risks granting workers legal protections that many may struggle to enforce in practice.