According to the latest figures from HM Courts and Tribunals Service, the backlog of employment tribunal cases has continued to rise, with 50,518 cases outstanding compared to 47,041 a year earlier in December 2021.

The figures also showed that 2,363 new claims were submitted in December 2022 whereas 2,301 were disposed of.

The Law Society maintain that since Employment Tribunal fees were abolished in 2017, there has been a significant rise in the number of claims - for example, the number of Employment Tribunal decisions relating to flexible working have increased by 52%. However, the Tribunal service have not received any additional resources to make prompt decisions, with one of the key issues being a lack of judges. Cases - which may deal with matters such as unfair dismissal, unpaid wages and redundancy claims, to whistleblowing and unlawful discrimination - are often listed for a hearing 12 months after a claim has been made, with more complex cases sometimes taking over two years to get a judgment.

Law Society President Lubna Shuja stated:

“Since Employment Tribunal fees were abolished in 2017, the number of claims has increased, but this has not been matched by the resources needed to deliver justice promptly for those turning to the tribunal.

They continued:

“Being involved in an employment claim is extremely stressful for employees and employers,”

“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.”

“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.”