Employment Tribunal Backlog 2025: Why Your Submission Needs to Be Right First Time

Published 5 December 2025 · Employment Law, Tribunals

The UK employment tribunal system is under unprecedented strain. With nearly half a million cases waiting to be heard and some hearings now being listed for late 2028, the message for anyone considering a claim is clear: your submission needs to be right first time.

This article explains what's happening, what the new changes mean for employees, and how you can give yourself the best chance of success.

The Current State of Employment Tribunals

The employment tribunal backlog has been growing steadily, but recent figures paint a stark picture. According to the latest Tribunal Statistics Quarterly report, the open caseload increased by 31% in Q4 2024/2025 compared to the same period the previous year.

In practical terms, this means:

• Waiting times at an all-time high — some cases are now being listed three years in advance
• Delays at every stage — from initial filing to preliminary hearings to final decisions
• Increased pressure on both parties — prolonged uncertainty for claimants and ongoing costs for employers

Major Changes: The Employment Rights Bill

The Employment Rights Bill has been making its way through Parliament with significant implications for unfair dismissal claims. Here's what's changed:

Qualifying Period Reduced to 6 Months

The government originally proposed making unfair dismissal a "day one" right — meaning employees could bring a claim from their first day of employment. Following opposition from business groups and the House of Lords, a compromise was reached.

This means significantly more employees will have the right to bring unfair dismissal claims. If you've worked somewhere for six months and believe you've been dismissed unfairly, you'll be able to challenge it — whereas currently you'd need two years' service.

ACAS Early Conciliation Extended

From 1 December 2025, the ACAS early conciliation period has been extended from 6 weeks to 12 weeks. This is the mandatory step you must complete before filing a tribunal claim.

The change was introduced to ease pressure on ACAS, but it also means:

• More time to negotiate a settlement before going to tribunal
• Longer overall timescales for resolving disputes
• The limitation period is paused during conciliation, so you won't lose your right to claim

Limitation Period Doubling (Coming Soon)

The Bill also proposes extending the time limit for bringing most employment tribunal claims from 3 months to 6 months. This hasn't come into force yet, but it's expected as part of the reforms.

Why Getting It Right First Time Matters

With such significant delays in the system, any error or omission in your claim can have serious consequences:

1. Adjournments add months to your wait. If the tribunal needs to adjourn because of missing information, incomplete paperwork, or procedural issues, you could be pushed back months — or even years — in the queue.

2. Weak submissions get struck out. Tribunals have the power to strike out claims that don't disclose reasonable grounds. A poorly prepared submission might not even make it to a hearing.

3. First impressions matter. The judge reading your claim forms their initial view based on what you've written. A clear, well-structured submission that addresses the legal requirements will always fare better than a confused or incomplete one.

4. The other side won't wait. Your employer's legal team will be preparing their response carefully. If your submission isn't equally professional, you're starting at a disadvantage.

What Makes a Strong Tribunal Submission?

Whether you're claiming unfair dismissal, discrimination, breach of contract, or unpaid wages, your submission needs to:

• Clearly state the grounds of your claim — what happened, when, and why it was unlawful
• Follow the correct format — using the appropriate ET1 form and accompanying documents
• Include relevant evidence — contracts, correspondence, witness statements, policies
• Meet all deadlines — especially the 3-month (soon to be 6-month) limitation period
• Be specific about remedy — what are you asking the tribunal to do?

The Cost of Getting It Wrong

Unlike many civil courts, employment tribunals don't usually award costs against the losing party. But getting it wrong still costs you:

• Time — months or years of uncertainty while you wait
• Stress — the emotional toll of prolonged legal proceedings
• Opportunity — a weak claim might settle for less, or fail entirely
• Money — lost wages while you wait for a decision, or costs if your claim is found to be vexatious

Can You Represent Yourself?

Yes. Many people represent themselves at employment tribunals — they're designed to be accessible to "litigants in person." You don't need a solicitor.

However, representing yourself doesn't mean you shouldn't prepare properly. The most successful self-represented claimants are those who:

• Understand the legal tests the tribunal will apply
• Organise their evidence clearly
• Present their case in writing before the hearing
• Prepare for questions they might be asked

This is where professional document drafting can help — giving you solicitor-quality paperwork without solicitor fees.

What to Do Next

If you're considering an employment tribunal claim:

1. Act quickly. You have 3 months minus one day from the date of dismissal (or the incident) to notify ACAS. Don't wait.
2. Contact ACAS. You must go through early conciliation before you can file a claim. This is now a 12-week process.
3. Gather your evidence. Contracts, emails, policies, payslips, correspondence — anything that supports your case.
4. Prepare your submission carefully. This is where most self-represented claimants struggle. Consider getting professional help with drafting.
5. Keep records of everything. The tribunal will want to see a timeline of events and supporting documents.

Summary: The Numbers

• 491,000 — open cases in the tribunal system
• 3 years — some cases are waiting this long for a hearing
• 6 months — the new qualifying period for unfair dismissal (coming soon)
• 12 weeks — the new ACAS early conciliation period
• 3 months — current time limit to start a claim (6 months coming soon)

The tribunal system is stretched to breaking point. If you're going to make a claim, make sure your paperwork is the best it can be. You might only get one chance.