His Majesty’s Courts and Tribunals Service have published their latest statistics concerning employment tribunals, including how many cases are awaiting a hearing or decision.
The figures show that the backlog of cases has continued to increase, with there now being more than 50,000 cases awaiting a hearing or decision.
In his latest article, Chris Dobbs outlines how long waiting times are in 2023 and discusses the implications of the backlog.
Is there a backlog for employment tribunal?
Yes, there is currently a backlog of employment tribunal cases.
The Law Society has commented that this rising backlog is leaving both employees and employers “in limbo” for far too long. This will likely to be causing to both a financial and mental toll to both sets of parties.
In December 2022 the backlog of cases was 50,518, over a 7% increase in a year, the number being 47,041 in December 2021.
What caused the employment tribunal backlog?
The number of employment tribunal claims has risen significantly since fees were abolished in 2017.
Unfortunately, the resourcing of the tribunal system has not kept pace with the increase, leading to the backlog. There has been a lack of both judges and support staff to enable the system to deal with the numbers.
How long is the waiting list for employment tribunal?
The increased backlog is compounded by the fact the average waiting time for a case to get from being issued to the first hearing has increased.
On 8 February 2023, the Parliamentary Under-Secretary of State in the Ministry of Justice, Mike Freer, had to answer a written question in Parliament, providing information on this subject.
Apart from a blip in 2014, from 2008 until 2017, the average waiting time was fairly consistent, ranging from 27 to 31 weeks each year.
However, since fees were abolished, the average waiting time has increased year on year, and, when the last data was analysed in December 2021, it has reached 49 weeks.
It means that the average waiting time to a first hearing now stands at nearly a year and we must remember this is only to the first hearing. In many cases there are preliminary hearings before a final hearing, meaning the actual time of the case is a lot longer than a year.
What are the implications of the employment tribunal backlog?
The implications of both an increased backlog and rising waiting times are significant.
Justice is affected as people’s memories fade over time, not to mention the financial cost and stress associated with long-running matters.
It is not reasonable for both claimants and respondents to have to wait for so long.
What does this mean for you?
Chris Dobbs says: “We are now seeing fairly standard cases often taking two to three years from the issuing of the claim to reaching a final hearing.
As a result, many clients, both claimants and respondents, are looking to settle the disputes at an early stage, either via a settlement agreement or a ACAS agreement once proceedings have been issued.
Some will say this is a positive thing, but I do question whether justice is being done, when often claimants are having to settle for lower amounts or respondents are settling cases they would normally defend just to avoid a long-running saga and the associated costs.”
Employment law advice and guidance: Stay up to date
To keep up to date with employment news, tribunal and updates; you can register for our free newsletter here.
Employment & HR Solicitors
If you have any questions following this article, or would like to speak to a member of the team, please don’t hesitate to get in touch with our bright Employment Experts.
Call us on 01202 499255, or fill out the form at the top of this page, for a free initial chat.
Comments