Since July 2024, the big news in employment circles has been the Employment Rights Bill (now the Employment Rights Act 2025). And with good reason; the Act is perhaps the most sweeping change to employment law since the Equality Act in 2010. 

And whilst most of the discussion has (quite rightly) focused on the new rights introduced and what they might mean for employers, there is a growing concern among practitioners about how the Act will impact the already overloaded Tribunal system. 

For context, the biggest change in the Act is the reduction of the qualifying employment period for an unfair dismissal claim from two years to six months. This change, when it comes into force in January 2027, will bring a significant proportion of the workforce under the unfair dismissal provisions – research by the CIPD in June 2024 showed that 22.1% of the UK workforce had been in their current employment between six months and two years. 

With 30.3 million payrolled employees in the UK as of February 2026, that represents an additional 6.7 million people. 

The assumption among practitioners is that this change will result in a major influx of Unfair Dismissal claims, especially in an increasingly challenging job market. The question is what, if anything, the government plan to do to assist the Employment Tribunal in coping with the inevitable surge. 

Because the latest Tribunal statistics make for concerning reading. At the end of 2025, there were 30,784 open single cases in the Tribunal system. At the end of 2024, it was 11,515, and at the end of 2023, it was 1,249. 

Anecdotally, I have had colleagues tell me that they are now listing final hearings for 2029. Progressing from inception to final hearing in two years or less is generally considered good going. And this is before the changes in the Act take effect. 

“Justice delayed is justice denied”, the old saying goes. Any advocate will tell you that it bears more than a hint of truth. A witness giving evidence on events which happened four, five, perhaps six years ago is liable to make mistakes and trip themselves up through no fault of their own. How likely is it that the parties to a Tribunal claim will still be able to locate all the relevant paperwork after half a decade? How likely is it that relevant witnesses will move on to other jobs, industries, or sometimes even other countries before their attendance at a Tribunal can be secured? 

The Employment Tribunal already makes extensive use of video hearings. Mandatory Dispute Resolution Appointments are being rolled out in some regions. The utilisation of lay panel members has been reduced. So where is the extra capacity going to come from? 

It isn’t a question with an easy answer, of course. But it is a question which must be answered, preferably before January 2027. Sadly, given current political events, I doubt it’s high on the agenda. 

Matthew Todd represents employers and employees in all areas of Employment Law. 

If you have an Unfair Dismissal claim you need advocacy or advice on, call our Employment Clerks Employment Clerks, Michael Jones and Alessandro Saporita-Clark on 0161 832 4036, email Mike@kenworthys.co.uk, or Alessandro@kenworthys.co.uk.