Employment Tribunal backlog reaches its highest level in official figures: what it means if you are bringing a claim

What the Ministry of Justice figures show

The Tribunal Statistics Quarterly for April to June confirms that the tribunal received 14,000 single claims, a single claim being one brought by one person rather than as part of a group, which is 28 per cent more than in the same quarter a year earlier.

The same publication confirms that the tribunal disposed of 6,100 single claims, meaning claims brought to an end by any route, which is 6 per cent fewer than a year earlier, and that 70,000 single claims remained open at the end of June, an increase of 51 per cent and the highest level in the Ministry of Justice's published figures.

Why the backlog is growing

The Ministry of Justice has confirmed that the rise in open claims follows receipts exceeding disposals over the last year, and in this quarter the tribunal received more than twice as many single claims as it concluded.

The total of 537,000, and the 3 per cent caveat

When multiple claims are included, meaning claims brought by groups of claimants, the statistics show a total open caseload of 537,000, of which 467,000 are multiple claims, so the total does not represent the number of individuals waiting for their own claim to be concluded.

What the figures mean for your claim

The publication provides no figure for how long a claim takes to reach a final hearing, so any estimate of a hearing date that you receive before the tribunal lists one is not drawn from the published data.

The publication is official statistics and makes no change to the law, so the time limit for bringing your claim, the legal requirements your claim must satisfy and the remedies the tribunal may award are the same as they were before its release.

Preparing for a claim that remains open for a long period

The solicitors regulated by the Solicitors Regulation Authority and the senior HR directors on the Belonge panel advise clients to prepare for a claim that remains open for a long period in the four respects below.

Where you stand now

If your claim has already been presented, plan on the basis that no hearing date is known until the tribunal lists one, and keep your evidence file, witness record and financial review current throughout. If you are considering a claim, establish the time limit for your complaint first, because the backlog does not extend it.