It’s a challenging landscape for HR professionals and business leaders right now. The backlog in employment tribunal cases continues to grow, with tens of thousands of unresolved cases stretching waiting times and increasing legal exposure for employers. Forward-thinking people strategy has never been more important.
Why the Backlog Matters to Your Organisation
The latest data from employment tribunals in England and Wales shows the number of unresolved claims rising sharply - in some reports hitting record levels and increasing by a third year-on-year. That means disputes that do reach a hearing could be scheduled years ahead, placing considerable strain on internal resources, reputational risk and leadership time.
For your business, this isn’t a distant legal issue, but a practical business risk. The backlog reflects broader trends: a high volume of claims, increasing complexity, and stretched tribunal capacity that is struggling to keep pace with demand.
Focus on Early Resolution, Not Litigation
In this environment, you want to avoid letting issues escalate to formal claims wherever possible. Early intervention (through fair grievance processes, meaningful mediation and open dialogue) is more than good practice. It’s strategic risk management.
Your people should feel heard and supported, and you need robust procedures that show you’re handling concerns professionally and transparently. This not only reduces the likelihood of disputes reaching tribunal level but also demonstrates a commitment to positive employee relations that builds trust across your workforce.
Strengthen Policies and Manager Capability
One of the key drivers of tribunal claims is poor policy clarity and inconsistent application of people processes. Take time to review and update your employee policies, making sure they reflect current legal requirements and organisational values.
And then plug the weakest link – training line managers in how to consistently and fairly apply policies. When managers understand how to handle disciplinaries, performance issues, absence management and grievances in line with best practice, you reduce the risk of misunderstandings and inadvertent non-compliance.
It’s not just a legal shield. Better frontline capability improves team morale and supports retention and performance.
Use Data to Inform Your Strategy
The tribunal backlog tells you something important: uncertainty is now baked into the legal process. Cases that might previously have been resolved quickly are now awaiting hearing dates far into the future. That’s a signal to double down on preventative action.
Collect and analyse your own people data. Are there patterns in turnover, grievances or absence that might indicate underlying issues? Are certain teams experiencing more conflict than others? Early insight gives you the opportunity to act before a concern becomes a claim.
Embed Proactive HR in Business Planning
HR strategy should not sit in isolation. Align it with broader business planning. That means talking to senior leaders about workforce risk, compliance and culture just as you would about financial performance or customer satisfaction.
Investing in employee engagement, clear communication and equitable treatment reduces the likelihood of disputes and strengthens your employer brand - both internally and in the external employment market.
Look Ahead with Confidence
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