HMCTS has published the minutes of the October 2025 Employment Tribunal National User Group, and the message is clear: the system is under increasing strain, and employers are facing greater risk.
Key developments include:
▪ Record claim volumes
Employment Tribunal receipts are now at their highest post-pandemic levels, with a significant increase in complex (open-track) claims. There are currently around 52,000 outstanding single claims, excluding multiple claims.
▪ Significant delays to hearings
Waiting times continue to vary by region. While most short hearings are being listed by the end of the first half of 2026, longer hearings (10+ days) in some regions are not expected to be heard until 2028–2029.
▪ Increased pressure on Acas
Acas has reported a 26% rise in early conciliation requests, particularly in discrimination cases. This has resulted in an average five-week delay before allocation. Since December 2025, the early conciliation period has also been extended from six to twelve weeks.
For employers, these trends underline a critical point:
once a claim is issued, resolution is likely to be slow, costly, and resource intensive.
For SME owners, company directors, and HR managers, an employment tribunal claim can mean significant cost, management time, and operational disruption.
The most effective way to mitigate risk is to prevent claims arising in the first place. This requires:
- early intervention when issues arise
- legally compliant policies and procedures
- strict adherence to the Acas Code of Practice
LBJ Consultants provide practical HR and employment law support for Scottish SMEs, helping businesses resolve issues before they escalate.
LBJ Consultants support businesses by providing practical HR and Employment Law advice that helps resolve issues before they escalate, protecting both commercial interests and legal position.
If your organisation would struggle to manage the time, cost, and uncertainty of an Employment Tribunal claim, now is the time to review your HR and employment law support.
Book your appointment at www.lbjconsultants.co.uk/contact-us/ or call 07984 568523 to discuss how we can help you reduce your employment law risk.
