On 11 June 2026, the Ministry of Justice (“MoJ”) published its quarterly tribunal statistics for the period of January to March 2026.
The latest MoJ report has indicated a substantial rise in the number of claims received by the Employment Tribunal (“ET”), with a total of 52,400 new single and multiple claims filed during this period. As of the end of March 2026, there was an overall total of 531,000 live ET claims.
The finer details
Notably, the statistics published by the MoJ have indicated that, between January and March 2026:
- 50,000 single claims were received by the ET (a 39% increase in new single claims in comparison to the previous year);
- 26,000 single claim cases were disposed of (a 12% decrease in comparison to the previous year);
- 2,400 lead multiple cases were received by the ET, whilst 1,700 lead multiple cases were disposed of.
- Case lengths increased in comparison to the previous year.
What has caused the increase?
The continued growth in the number of ET cases is likely to be attributable to a number of factors, including:
- Greater awareness of employment rights;
- Greater employment protections that have been introduced by the Employment Right Act 2025 (“ERA”);
- Economic uncertainty;
- Increased use of AI tools which makes litigation more accessible for unrepresented parties.
- Delays in resolving existing claims.
How does this impact employers?
The escalating number of ET claims has ultimately led to ET resources being placed under considerable strain. Together with the decrease in the number of claims being disposed of, waiting times and delays have therefore become increasingly common for those involved in ET claims.
It is expected that the number of claims will continue to rise as additional employment protections are introduced by the ERA, in particular changes to the law on unfair dismissal which are set to come into force from 1 January 2027.
For employers required to defend ET claims, the current circumstances will most likely result in increasingly drawn-out disputes which will place companies and businesses at risk of increased financial and reputational exposure. Additionally, ongoing claims can create significant operational disruption for businesses and impact management time and resources. Both sides of the employment relationship may also be affected as a result of the uncertainty and stress created by increased delays and timeframes for resolving ET claims.
How can employers reduce the risk of ET claims?
It is important that employers are aware of the importance of early risk management and are proactive in taking steps to mitigate the risk of claims being brought against them. Such steps include:
- Ensuring that contracts, policies and handbooks are up to date and compliant;
- Providing adequate training to managers on any changes under the ERA and managing the relevant processes to deal with these issues;
- Documenting and keeping records of employment decisions;
- Seeking appropriate legal advice before taking action.
