The latest employment tribunal statistics (January–March 2026) paint a clear picture: the system is under significant strain.

Receipts continue to outpace disposals, and the single claim open caseload has reached around 64,000—an increase of 55% compared to the same period last year. In simple terms, more cases are coming in than the system can process, and the backlog is growing ever more, which means claims are taking a lot longer to reach hearing.

For employers, this isn’t just an administrative issue—it has real, practical implications. We are now seeing final hearings listed as far ahead as 2029. That gap between events and resolution creates risk: memories fade, witnesses move on, and evidence becomes harder to rely on.

So what can employers do now to protect their position?

A few practical steps can make a significant difference:

1. Prioritise detailed record-keeping
Ensure notes of meetings, investigations and decision-making are thorough and contemporaneous. In a hearing several years down the line, a well-documented paper trail can be far more persuasive than recollection alone.

2. Take early witness statements
Where a claim looks likely (or has already been issued), consider taking draft witness statements at an early stage. This helps preserve accurate accounts and mitigates the risk of key individuals leaving the business before the case is heard.

3. Preserve evidence proactively
Put in place clear document retention measures as soon as a dispute arises. Emails, messages, HR records and internal communications should all be safeguarded to avoid gaps later.

4. Maintain contact with former employees
If key witnesses leave, consider how you will maintain contact details and engagement. Tracking down witnesses years later can be difficult and costly.

5. Keep litigation under regular review
Given the long timelines, reassess your strategy periodically. The commercial or reputational value of defending a claim may shift over time, especially as legal costs accumulate. We are wondering whether, if employees are having to wait a number of years for their claim to be heard, that this might mean they lose interest and claims then fail to be pursued as time passes (and failing to actively pursue cases can be grounds for claims to be struck out). 

6. Consider early resolution where appropriate
With delays only increasing, there may be benefit in exploring settlement options earlier, where commercially sensible, to avoid prolonged uncertainty.

We specialise in Employment Tribunal disputes of all kinds, so don't hesitate to get in touch with us if you require further information or support on this, or would be interested in our Mock Employment Tribunal training product.