Employment Tribunal Statistics Q3 2025/26: A System in Structural Deficit

This article applies to England and Wales.

Last updated: March 2026 | Source: MoJ Employment Tribunal Statistics, Q3 2025/26

If you are dealing with a workplace dispute and wondering how long it will take, the latest official data tells a stark story. Employment tribunal claims have risen every quarter for six consecutive quarters. The system is not catching up. This quarterly snapshot sets out what the data shows, what has changed since Q2 2025/26, and what it means for workers considering a claim.

Six consecutive quarters of growth

Single claims have risen every quarter since the Reform ECM system began tracking. The Q3 2025/26 figure of 10,424 represents a 61% increase on Q3 2024/25, when 6,472 claims were filed. Growth has been unbroken, and shows no sign of levelling off.

The structural deficit: disposals have stalled while receipts keep rising

The most important development in Q3 2025/26 is not the headline receipt figure. It is what happened to the gap between what comes in and what gets cleared. Disposal growth was 78% between Q2 and Q3 2024/25. Between Q2 and Q3 2025/26, it was just 10%. The tribunal appears to have reached a capacity ceiling. At current rates, break-even would require 10,424 disposals per quarter, which is 2.3 times current capacity.

30,784 open cases: the backlog by the numbers

The open caseload has more than quadrupled in a year. The tribunal is adding roughly 5,500 cases to the backlog every quarter. At current disposal rates, clearing the existing 30,784 cases with no new claims at all would take 6.8 quarters. That is not what is happening. Claims are arriving at record levels.

The claim mix: whistleblowing and disability are driving the shift

Every major claim type grew year-on-year except one. Breach of contract fell 4.3% and is now the only declining major claim type. Whistleblowing complaints more than doubled, rising 102% to 1,796. Disability discrimination grew 99%, nearly doubling to 3,481. These two claim types are significant not just because of volume, but because they are among the hardest to resolve quickly. Both involve complex evidence and are more likely to require multi-day hearings, adding pressure to an already strained system.

Waiting times: every claim type is taking longer

The overall mean clearance time has risen from 19 weeks in Q3 2024/25 to 31 weeks in Q3 2025/26, a 63% increase in twelve months. Equal pay cases now average 42 weeks. Religious belief discrimination averages 39 weeks. Even the fastest claim types, wages and working time, now average 29 weeks.

These are mean clearance times, not worst-case scenarios. For unfair dismissal claims, one in four cases takes 47 weeks or more. Cases that proceed to a contested hearing, rather than settling through ACAS, will sit toward the upper end of the distribution. For guidance on what clearance times mean for your claim, see our employment tribunal waiting times guide.

How claims end: 91% without a full hearing

Of the 4,534 claims disposed in Q3 2025/26, 29% settled through ACAS conciliation, 24% were dismissed upon withdrawal, 24% were withdrawn by the claimant, and 4% resulted in a default judgment because the employer did not respond. Only 9% of disposed claims were decided at a full hearing.

Of the claims that reached a contested hearing in Q3 2025/26, 44% were successful for the claimant. That figure varies considerably by claim type. Where Q3 breakdown data is available, breach of contract claims succeeded in 53% of contested hearings. Where only Q2 data is available, working time claims succeeded in 79%, reflecting the factual clarity of most working time disputes. Discrimination claims tend to have lower hearing success rates, with disability discrimination at 20% and age discrimination at 33%.

For most claimants, the question is not just whether they could win at a hearing, but whether their case is likely to reach one, and whether a settlement through ACAS early conciliation might be a better route.

What this means if you have a workplace issue

The backlog does not extend your deadline. Time limits are strict regardless of how many cases are ahead of you. Most employment claims require ACAS early conciliation to begin within three months minus one day of the relevant incident. For more on deadlines, see our guide on employment tribunal time limits.

Settlement is more valuable than ever. With mean clearance times at 31 weeks and discrimination cases running to 34 to 42 weeks, early settlement through ACAS is increasingly worth considering. 29% of all claims settled through ACAS in Q3 2025/26. Pregnancy discrimination claims settle at 41%. Understanding what your claim may be worth before entering conciliation matters.

Hearing waits are getting longer. Some regions are listing complex discrimination and whistleblowing cases for 2027 and beyond. If your claim requires a multi-day hearing, the realistic timeline from filing may be nine to twelve months or more.

The Employment Rights Act 2025 will increase volumes further. The reduction of the unfair dismissal qualifying period from two years to six months (expected January 2027) could bring an estimated six million additional workers within scope. Extended time limits, expected October 2026, will also increase filings. For a summary of what is changing, see our guide on the Employment Rights Act 2025.

For complex claims involving discrimination or whistleblowing, you may want to speak with a solicitor who specialises in employment law before deciding how to proceed.

Frequently asked questions

How many employment tribunal claims were filed in Q3 2025/26?

10,424 single claims were filed in Q3 2025/26 (October to December 2025, provisional), a 61% increase on the same quarter the previous year. This was the highest quarterly figure recorded under the Reform ECM system.

What is the current employment tribunal backlog?

The open caseload for single claims reached 30,784 at the end of Q3 2025/26 (provisional), a 167% increase year-on-year. The backlog is growing by approximately 5,500 cases per quarter.

How long does an employment tribunal claim take in 2026?

The mean clearance time across all single claims is 31 weeks (Q3 2025/26, provisional), up from 19 weeks a year ago. Financial claims such as wages and working time average 29 weeks. Discrimination claims range from 34 to 42 weeks mean. Cases that proceed to a contested hearing typically take longer than the average.

What percentage of tribunal claims succeed at a hearing?

In Q3 2025/26, 9% of disposed claims were decided at a full hearing, and 44% of those were successful for the claimant. Success rates vary by claim type: working time claims succeeded in 79% of hearings (Q2 data), while disability discrimination succeeded in 20% (Q3 data). 29% of all claims settled through ACAS, and 91% were resolved without a full hearing.

Which types of tribunal claim are growing fastest?

Whistleblowing (public interest disclosure) claims grew 102% year-on-year to 1,796 in Q3 2025/26. Disability discrimination grew 99% to 3,481. Breach of contract is the only major claim type to decline, falling 4.3%.

Does the tribunal backlog affect my time limit to claim?

No. Time limits apply regardless of the backlog. Most employment claims require ACAS early conciliation to begin within three months minus one day of the relevant incident. Missing this deadline will ordinarily bar the claim.

Will the Employment Rights Act 2025 make the backlog worse?

It is expected to increase claim volumes. The reduction in the unfair dismissal qualifying period from two years to six months, expected January 2027, could bring an estimated six million additional workers within scope. Extended tribunal time limits, expected October 2026, are also likely to increase filings.

Sources

1. Ministry of Justice, Employment Tribunal Statistics, Tables ET_1_R, ET_2_R, ET_3_R, ET_4_R, T_3, Q3 2025/26 (provisional) - gov.uk/government/collections/tribunals-statistics
2. Employment Rights Act 2025 (Royal Assent 18 December 2025) - legislation.gov.uk
3. ACAS, Early conciliation - acas.org.uk/early-conciliation