Claims Rise as Tribunal Backlog Exceeds 500,000
For employers, these figures are more than data points. They signal increasing litigation risk, longer case timelines and higher exposure to employment law claims.
Employment Tribunal Claims Continue to Climb
Between July and September 2025, Employment Tribunals received 26,000 new claims.
- 12,000 were single claims (46%)
- 14,000 were multiple claims (54%), across 630 lead cases
The most concerning statistic is the overall backlog. By the end of the quarter, the total number of open Employment Tribunal claims exceeded 515,000.
At the same time, the number of open tribunal cases reached 52,000, marking a 33% increase compared to the same period in 2024. Over the past year, new claims have consistently outpaced case disposals.
This growing tribunal backlog means longer waiting times for hearings and prolonged uncertainty for businesses defending claims.
Most Common Employment Tribunal Claims in 2025
Unfair Dismissal Claims
Unfair dismissal claims were the most common type of claim, accounting for 23.7% of new cases — a total of 4,766 claims during the quarter.
With proposed changes to the qualifying period for unfair dismissal due to take effect in 2027, employers can expect further increases in this area.
Disability Discrimination Claims
Disability discrimination claims represented 14.8% of new claims, continuing an upward trend. Compared with the previous quarter, disability discrimination cases rose by 10.3%.
Discrimination claims carry uncapped compensation and significant reputational risk, making them particularly costly for employers.
Unauthorised Deduction from Wages
Claims for unauthorised deduction from wages made up 12.2% of new cases, highlighting ongoing disputes around pay, holiday pay and contractual entitlements.
Whistleblowing (Public Interest Disclosure)
Public interest disclosure (whistleblowing) claims increased by 16.07% compared to the previous quarter, reinforcing the importance of robust internal reporting procedures.
Discrimination Claims Overall
Discrimination claims as a category accounted for 35.4% of all claims, increasing by approximately 5.7% on the previous quarter.
The rise in discrimination-related litigation reflects heightened awareness of equality rights and increasing scrutiny of workplace culture.
Why the Employment Tribunal Backlog Matters for Employers
The Employment Tribunal system is under sustained pressure. With over half a million open claims, delays are likely to continue.
For employers, this means:
- Longer periods of legal uncertainty
- Increased legal costs
- Greater management time diverted to litigation
- Extended reputational risk exposure
Even defensible claims can become costly when hearings are delayed for months — or even years.
What Happens When the Unfair Dismissal Qualifying Period Reduces?
The Employment Rights Act reforms are expected to reduce the qualifying period for ordinary unfair dismissal from two years to six months’ service from January 2027.
The Government estimates that millions more employees will gain the right to bring unfair dismissal claims.
If tribunal receipts are already at record levels, this expansion of eligibility is likely to increase claim volumes further.
How Employers Can Reduce Employment Tribunal Risk
With Employment Tribunal claims rising in 2025, proactive risk management is essential. Employers should consider:
- Reviewing dismissal and performance management processes
- Ensuring procedural fairness in redundancy exercises
- Auditing equality and diversity policies
- Training managers in discrimination awareness and reasonable adjustments
- Strengthening whistleblowing procedures
- Resolving disputes early where appropriate
Preventative HR strategy is significantly more cost-effective than defending tribunal litigation.
Employment Law Support for Employers
At Montgomerie Consulting, we work with UK employers to reduce exposure to Employment Tribunal claims through:
- HR compliance audits
- Policy reviews
- Manager training
- Risk assessments
- Strategic support during dismissals and restructures
If you are concerned about rising Employment Tribunal claims or want to strengthen your employment law compliance, we would be happy to help.