As the UK’s employment tribunal backlog continues to escalate, with delays surging by 25% in a single quarter, legal experts are urging employers to adopt proactive strategies to prevent disputes from reaching litigation. James Johnson, a partner at UK law firm Smith Partnership and an employment law specialist, highlights the current landscape where claims are now being backlisted until late 2026, and even into 2027.
“Claims are currently being backlisted until the end of 2026, and even some in 2027,” Johnson explains. “We’ve not really seen things improve – one of the reasons was COVID-19, but we are also seeing complications with actually recruiting qualified employment judges to sit in on hearings.”
The Impact of Tribunal Delays on Employers
The growing backlog introduces significant challenges beyond just claimants and respondents. Johnson notes the difficulty in preparing cases that won’t be heard for years, impacting evidence collection as recollections fade and documents are lost.
“It’s very difficult to prepare cases because you are attempting to prepare for something that probably won’t be seen for two years,” he states. This prolonged uncertainty also affects the advice given to clients, often leading to recommendations for more proactive, pre-litigation action.
Five Proactive Steps to Prevent Employment Tribunal Claims
Johnson outlines five key strategies to drastically reduce the likelihood of tribunal cases:
- Establish Clear Procedures from the Outset: Implementing robust anti-bullying and Equality, Diversity, and Inclusion (EDI) procedures not only prevents claims but also provides a clear internal route for addressing issues.
- Train Employees and Managers Effectively: Comprehensive training, especially during induction, ensures employees understand expected behaviours and dispute resolution processes from day one. Managers also need the tools to address issues like performance or behaviour early, preventing escalation.
- Use Well-Drafted Employment Contracts: Many disputes stem from missing or inadequate contracts. A clear, well-drafted contract ensures both parties understand entitlements and obligations, preventing misunderstandings.
- Build Trust Through Communication: Fostering a relationship based on trust, where employees feel heard and respected, can significantly aid in resolving situations internally and effectively.
- Maintain Thorough and Accurate Documentation: Consistent and clear documentation of an employee’s journey—including formal actions, informal counselling, appraisals, or conduct files—provides crucial support if claims are brought.
Avoiding Litigation After Disputes Arise
When prevention isn’t possible, Johnson emphasises early, strategic resolution. He suggests utilising “protected conversations,” which are off-the-record discussions offering employees the chance to leave the organisation and waive potential claims.
The Acas Conciliation service also provides a vital channel for confidential discussions between employees and employers, aiming to reach binding settlements before a claim is formally issued. This service remains available even after claims are brought to a tribunal, with judges often assisting parties in reaching a settlement to avoid lengthy hearings.
Final Advice: Consider Early Settlements
Johnson’s final recommendation centres on considering settlements before cases reach their most resource-intensive stages.
“In my experience, all claims come from a point of principle, so both parties can be quite set in their ways and they don’t feel as though they’ve done anything wrong,” he reflects. He advises employers to explore out-of-court settlements early, as they can save considerable time and cost, often finding that cases settle once fully prepared, highlighting the value of pre-emptive resolution.