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A quick look at the Minutes of the National Employment Tribunal User Group for March 2026 is very revealing as to the current state of the Employment Tribunals Service across England and Wales. And the picture is anything but pretty.
Where are all the judges?
The ETS sought to recruit 36 judges to meet demand. They have only been able to recruit 25.5. The shortfall is entirely in London – in the Central London, South London (Croydon) and East London (Stratford) tribunals. We can expect more and continuing delays in those hearing centres.
How many new claims are there?
New claims have hit a post-pandemic high. Q3 of 2025 saw new single claims hit 13,000. This means the ET has around 60,000 cases still to hear. 61% of claims are now discrimination claims – this figure has quadrupled since being around 15% of all single claims 15-20 years ago. This is a staggering rise and one which is fuelled by disability discrimination claims which is now the most litigated of the protected characteristics. Commentators suggest that AI is enabling more litigants in person to bring more complex claims.
What is the time lag to getting my claim heard?
Waiting times are no longer measured in weeks or months in London and the South-East. We are now talking years. A 5-day hearing in London South will most likely be heard in 2029. That is three years away! Other regions are still listing some hearings for 2026 and 2027. The new protections in the Employment Rights Act 2025 will only increase the number of claims and therefore waiting times. It’s not going to get better any time soon.
Acas early conciliation notifications are at a record high by a long mile
Acas EC notifications which are a mandatory prelude to bringing an Employment Tribunal claim (if resolution cannot be found) are expected to hit 150,000 this year. This figure could increase by a further 20% due to the Employment Rights Act 2025. Current time from notification to allocation to a conciliator is around 5 weeks.
My conclusion? You’ve got a long wait ahead… consider settlement
The Employment Tribunals simply cannot cope with this volume of new cases. Earnest efforts to find resolution through mediation or settlement must be explored. Work with a lawyer who is trying to avoid the time, delay and cost of litigation. Only in rare cases will litigation prove worthwhile. Do not be fooled. It is not easy to win and the process is incredibly stressful. If you get a good offer of settlement you must weigh it up against the prospect of a very, very long wait during which time your life will be on hold.
When bringing a claim less is more
A word to those bringing their own claims without using a solicitor, whether with or without AI: the simpler your claim, the sooner it will be heard. Putting in an overly complex claim with lots of heads of loss could work against you. Rarely will it significantly improve your prospects of success or increase the amount of any award should you win. Less, in this case, is more.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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