HR professionals are accustomed to dealing with workplace issues at pace. What is becoming increasingly difficult, however, is securing a timely resolution when disputes progress to the Employment Tribunal.
The reality is that Tribunal cases are taking longer than ever to reach a final hearing. In some regions, complex discrimination and whistleblowing claims are already being listed into 2029 and beyond, reflecting growing caseloads and ongoing pressure on the Tribunal system.
What is driving the pressure?
One significant factor is the rise in Acas Early Conciliation notifications. This rise is due to the increasing use of AI and the doubling of the conciliation period .Acas has reported a 40% increase in individual Early Conciliation case receipts between July 2023 and September 2025, with volumes rising for five consecutive quarters. Although around 66% of notifications do not proceed to an Employment Tribunal claim, the volume of disputes entering the system inevitably creates additional pressure on both Acas and consequently the Tribunal service when claimants issue claims.
The nature of claims is also changing. More complex disputes, particularly discrimination and whistleblowing claims, now account for a substantial proportion of Tribunal workloads. These cases typically require extensive case management, multiple hearings and significant judicial resources, contributing to longer waiting times across the board.
Additionally, as referred to above, the widespread adoption of AI tools has driven an unprecedented surge in both volume and complexity of claims, directly worsening the systemic listing backlogs.
What’s changing in October 2026?
The next major development arrives on 1 October 2026, when the Employment Rights Act 2025 extends the limitation period for most Employment Tribunal claims from three months to six months. The change applies to a broad range of statutory employment claims, including unfair dismissal, discrimination and whistleblowing complaints.
This follows the extension of the Acas Early Conciliation period from six to 12 weeks, which took effect on 1 December 2025 and gives parties more time to explore settlement before litigation becomes necessary.
These reforms are intended to improve access to justice by giving individuals more time to seek advice, understand their legal position and consider their options before commencing proceedings. They may also reduce the number of protective claims issued simply to preserve legal rights.
We typically find however that due to high workloads and backlogs, an ACAS Conciliator is not usually active until the end of the conciliation period. This delay means meaningful talks often only happen in the final days, or not at all before the certificate is issued.
Why does this matter for employers?
While the policy objective is understandable, the practical implications for employers should not be overlooked.
A dispute that previously became time-barred after three months may now remain live for six months or more before a claim is issued. When the extended Early Conciliation process is taken into account, employers could be dealing with events many months after they occurred before formal proceedings even begin.
For HR teams, this means preserving evidence for longer, retaining relevant records and ensuring investigation documents remain accessible. It also increases the likelihood that key witnesses move on, decision-makers leave the organisation and memories become less reliable over time.
Where final hearings are then listed several years after the underlying events, those challenges become even more acute.
Implications
This changing landscape reinforces some key employment relations fundamentals:
- Early intervention remains critical.
- Investigations should be conducted promptly while evidence is fresh.
- Record-keeping and document retention processes should be reviewed.
- Managers should be encouraged to document decisions contemporaneously.
- Informal resolution and settlement discussions should not be overlooked where appropriate.
Practical Takeaways
Tribunal delays may be outside an employer’s control, but preparation is not.
The organisations best placed to manage future employment disputes will be those that investigate concerns promptly, preserve evidence at the earliest opportunity and maintain robust records throughout the employment relationship. This should include taking full statements/records at the time a claim is commenced to ensure evidence is obtained before managers leave.
Employers should also consider reasonable assistance clauses in contracts of employment and settlement agreements for departing employees to give greater protection in ensuring their participation in proceedings once they have left.
In an environment where claims may be brought later and heard much later still, good employee relations are more than best practice; they are an essential risk management tool.