The growing employment tribunal backlog in the UK raises concerns as the Employment Rights Bill, introduced in October 2024, aims to enhance protections for workers, including provisions for guaranteed hours and restrictions on “fire-and-rehire” practices. While these reforms are designed to improve workplace conditions, they may inadvertently exacerbate the existing backlog in employment tribunals, delaying justice for many.

Current State of Employment Tribunals

The employment tribunal system is currently under significant strain. As of early 2025, nearly half a million cases are awaiting resolution, with some hearings delayed by over two years in certain regions. This backlog has been attributed to factors such as a shortage of judges and an increase in claims.

Potential Impact of the Employment Rights Bill

Legal experts caution that without addressing the tribunal backlog, the new rights introduced by the Employment Rights Bill could become “illusory.” The anticipated increase in claims, stemming from expanded worker protections, may further overwhelm the already burdened system, making timely enforcement challenging.

Government Initiatives to Address the Backlog

In response to these concerns, the government plans to recruit approximately 1,000 additional judges and tribunal members to manage the increased caseload. However, experts argue that without comprehensive reforms, these measures may be insufficient to resolve the systemic issues plaguing the tribunal system.

Conclusion

While the Employment Rights Bill represents a significant step toward improving workers’ rights in the UK, its success largely depends on the efficiency of the enforcement mechanisms in place. Addressing the employment tribunal backlog is crucial to ensure that the promised protections translate into tangible benefits for workers, thereby maintaining trust in the legal system and promoting fair labor practices.