Tribunal Reform Urged as Backlog Delays Justice for Workers

By Bruce Henry, Principal Lawyer

The Employment Lawyers Association has called for urgent reform of the employment tribunal system, warning that mounting delays are undermining access to justice for workers and employers alike.

At the centre of the proposals is the introduction of compulsory mediation for all claims, alongside a fundamental restructuring of the tribunal system into three distinct tracks based on value and complexity. 

It is suggested that cases be divided as follows:

• Lower‑value claims under £20,000 would be handled more informally by legal officers, with limited judicial involvement, in order to speed up straightforward disputes. 
• Mid‑range cases would be subject to tighter case management, including limits on evidence, shorter hearings, and early judicial assessment to encourage settlement. 
• Higher‑value or more complex claims would proceed in a more formal manner, broadly aligned with civil court procedures, including full hearings, disclosure and the potential for costs. 

These proposals come against the backdrop of a tribunal system under significant strain. The number of outstanding cases has risen sharply in recent years, reaching close to 60,000, with some claims now taking several years to reach a final hearing. 

Delays have been driven in part by increasingly complex and document‑heavy litigation, particularly in discrimination and whistleblowing cases, alongside the growing use of AI tools by litigants which can generate large volumes of material. 

While the proposed reforms aim to streamline the system and reduce delays without significant additional funding, questions remain as to how far they will alleviate the underlying pressures.

What is clear, however, is that a system in which workers can wait years for justice is failing in its core purpose, and meaningful reform is long overdue.