Unfair dismissal claims face five-year delay as tribunal backlog grows

Unprecedented delays at employment tribunals in England and Wales mean people bringing unfair dismissal claims are waiting up to five years for a hearing.

Expert lawyers say radical change is now needed to deliver justice for both claimants and the companies involved.

Catriona Ball filed a claim in February 2025 for constructive unfair dismissal and an alleged failure to make reasonable adjustments for disability after her husband Lewis died in November 2024. He had quit his job weeks earlier, believing the stress was making him ill. His former employer is contesting the claim. The full hearing is not expected until 2029.

Lewis died of coronary artery disease and hypertension at the age of 43. He collapsed during a rugby match at his childhood club near Kettering after complaining of chest pains. Catriona says she will have to sell the family home to fund the case because there is virtually no legal aid for employment tribunals.

"It's shocking, absolutely shocking," she said. "It stops me getting closure and feeling like Lewis can rest in peace."

The latest figures show a backlog of almost 72,000 claims before the Employment Tribunal, up almost 26,000 in a year. Lawyers say unfair dismissal claims lodged now may not reach a full hearing for five years.

The Employment Lawyers' Association is calling on the government to take urgent steps to reduce the backlog. Caspar Glynn KC, the chair of the association, said the system is not coping and will only get worse.

"Normally in an employment tribunal, the worker has been dismissed, they have no income, they have nothing to live on, and a delay of five years is effectively economic servitude for that person," he said.

Glynn said delays also hurt employers because witnesses may leave the company or, in some cases, die before a case is heard. He said some cases have already been struck out because judges ruled a fair trial was no longer possible.

The rise in complex discrimination and whistleblowing claims has lengthened hearings. At the same time, many people without legal aid are representing themselves and using AI tools to prepare their cases. This has produced much longer and more complex claims that judges must review.

The association wants the tribunal service to use AI to assess claims, split cases into different tracks by complexity and value, recruit more judges, and expand virtual hearings.

Catriona said she feels pressure to continue the case on Lewis's behalf despite the personal cost. "He certainly wouldn't want me suffering the way I am because of this process, but equally he would want some accountability," she said.