Tribunal data shows pressure already mounting as backlog of claims set to increase
As the latest quarterly employment tribunal statistics show the number of single open employment tribunal cases rose 9% from 64,000 in March to 70,000 in June, RSM UK says imminent legal changes will put further pressure on an already stretched tribunal system. From 1 October 2026, the time limit for raising most tribunal claims will double from three to six months under new Employment Rights Act law.
Charlie Barnes, Head of Employment Legal Services at RSM UK said: “As the window of opportunity to lodge a claim expands, an already stretched tribunal system will soon be put under unprecedented pressure. A complete overhaul of the current system is urgently needed to tackle the current backlog of claims.
“Tribunal numbers have been steadily increasing in recent months, reportedly fuelled by increasing use of AI to lodge claims quickly. The recent statistics may only be the tip of the iceberg with the extension of the time limit for bringing claims and the upcoming changes to unfair dismissal rules, meaning employees will be able to claim unfair dismissal after just six months of employment.
“The tribunal system is already collapsing under a heavy caseload and a shortage of judges. With cases now taking up to four years to be heard, it’s impossible to see how the current system can absorb any further increase in caseloads, or provide proper justice, without additional resource.”
RSM’s Workforce Survey showed almost two thirds (65%) of employers think an increase in tribunal claims due to new unfair dismissal rules in the Employment Rights Act is either ‘somewhat likely’ (40%) or ‘very likely’ (25%). The survey also found one in ten (10%) employers believe AI will exhaust HR and management by generating more grievances and complaints.
Charlie Barnes added: “The abolition of tribunal fees in 2017 marked the start of a steady increase in employment tribunal claims. With a significant spike in the last year, even before key changes from the Employment Rights Act come in, urgent action is needed to address this growing backlog. While there’s been some speculation tribunal fees could be reinstated to discourage baseless claims, this is unlikely for the foreseeable future, as they are currently considered a barrier to justice.”