Employment tribunal backlog hit 50,000 in 2022

The backlog of employment tribunal cases continues to grow, with more than 50,000 cases awaiting a hearing or decision at the end of last year, figures show.

The Law Society of England and Wales has said employees and organisations are being left “in limbo” for far too long, with the backlog rising every month.

The latest figures from HM Courts and Tribunals Service show that there were 50,518 open employment tribunal cases in December 2022, up from 47,041 a year earlier.

Some 2,363 new claims were submitted in December 2022, and only 2,301 were disposed of – either having received a judgment from the tribunal, decided at another hearing, or being withdrawn by the claimant.

Law Society president Lubna Shuja said the delays were likely to be taking a financial and mental toll on claimants and employers awaiting a resolution.

Since employment tribunal fees were abolished in 2017 there has been a significant rise in claims. However, the Law Society says the tribunals’ service has not received the resources it needs to make swift decisions.

Cases are often listed for a hearing 12 months after a claim has been submitted, while more complex cases can take more than two years to get a judgment.

Shuja said: “The employment tribunal backlog means employees and employers aren’t getting the swift resolution they should.

“We know one of the key issues is a lack of judges. Efforts should redouble to ensure the tribunal has the experts it needs to function at maximum capacity.

“Long delays only add to the stress for people already worried about their job, their finances or their reputation. The government needs to ensure employment tribunal claims can be heard in a reasonable timeframe to enable individuals and businesses to resolve their issues and move on.”

Latest HR job opportunities on Personnel Today

Browse more human resources jobs