Earlier this month, People Management magazine highlighted the growing strain on the UK’s employment tribunal system. Our CEO, Jemma Fairclough-Haynes was one of many Employment Law professionals who shared their experiences. She shared her perspective in the piece, warning that “the system is broken” as employers and employees alike face years-long delays in resolving disputes.
The numbers tell a stark story:
- The backlog of claims waiting to be heard increased by 23% between 2023 and 2024, reaching nearly 50,000 open cases.
- That means around 450,000 people are currently waiting for a resolution.
- In some instances, it can now take up to three years from dismissal to tribunal hearing.
With delays mounting, costs rising, and stress intensifying for all involved, it’s never been more important for HR teams and business leaders to take proactive steps to avoid tribunal claims in the first place.
At Orchard Employment Law, we believe prevention is always better than cure. Here’s how HR can play a crucial role:
1. Get your processes watertight
Clear, legally compliant contracts and policies are essential. Employers should regularly review disciplinary, grievance, and dismissal procedures to ensure they are up to date and fair. This not only helps protect against claims but also creates a culture of consistency and transparency.
2. Invest in management capability
Tribunal claims often stem from how line managers handle issues. Training managers in fair recruitment, performance management from day one, and effective communication can dramatically reduce the risk of disputes escalating. As the new day-one right to unfair dismissal is introduced, this will become even more critical.
3. Focus on early resolution
The People Management article revealed that only 17.8% of claims are resolved at the early conciliation stage. By encouraging mediation and informal discussions, HR can resolve many issues before they ever reach the tribunal system. As Jemma often reminds clients: “It’s far better to nip conflict in the bud than to battle it out in a courtroom.”
4. Prepare for upcoming employment law changes
The government’s new Employment Rights Bill could increase claims by 15%, according to its own impact assessment. With reforms such as longer time limits for claims, restrictions on ‘fire and rehire’ practices, and stronger protections around zero-hours contracts, employers need to act now. Updating policies, reviewing contracts, and seeking professional advice will help businesses stay compliant and avoid disputes.
Our view
The employment tribunal system may be overstretched, but employers don’t have to be at its mercy. By strengthening processes, investing in people management, and prioritising early resolution, HR teams can reduce risk and build a healthier, more productive workplace.
At Orchard Employment Law, we work with employers to review policies, deliver management training, and provide expert advice to keep businesses out of the tribunal system, saving both time and money.
If you’d like to discuss how we can support your business, get in touch with our team today.