Tribunal backlog hits record high ahead of workers’ rights bill
The backlog of employment tribunal cases hit a record high between July and September, in a further sign that the UK’s legal system will struggle to absorb any uptick in unfair dismissal claims caused by the government’s workers’ rights package.
According to newly released Ministry of Justice (MoJ) figures, there were a record 515,000 open claims of individuals or groups waiting for their employment disputes to be resolved at tribunal in the third quarter. Unresolved individuals claims – involving just one current or former member of staff – rose by some 33 per cent to 52,000, meaning a previous record set at the height of the pandemic has now been broken for two consecutive three-month periods.
The number of new single employment tribunal claims also rose by 33 per cent, while the number of cases that resolved or dismissed by the tribunal fell by 10 per cent, in a sign the legal system is struggling to slash threw ballooning claims.
The swollen backlog and uptick in claims comes despite the government’s flagship workers’ rights package not having come into force. The package – known as the Employment Rights Bill – contains a glut of measures that employers and industry bodies have warned could trigger a further rise in tribunal claims.
New laws could see spike in tribunal claims
The overhaul promises to give workers a host of new rights from the first day of employment, including the right to paternity leave and statutory sickness pay. Until last month, it also pledged to protect all workers from unfair dismissal on starting any new job, in a move businesses warned would trigger a spate of ‘vexatious’ lawsuits and slowdown in employment.
But ministers were forced to water down the promise – which featured in the Labour party’s pre-election manifesto – after a protracted backlash from the business community and resistance from the House of Lords. Under the new plans, employers will be able to dismiss staff without fear of reprisal up to six months after hiring a new staff member, down from the current 24-month period.
Andrew Griffith, shadow business secretary, told CityAM: “Employment tribunal backlogs in many areas already stretch back well over two years. For the government to seek to add to this with a 330 page red tape bill is completely potty. They should focus on clearing the backlog and getting millions of working age adults off welfare and into work.”
The Department for Business and Trade was contacted for comment.