Employment Tribunals across parts of London are facing unprecedented delays, with some hearings being scheduled as far ahead as 2026. This situation stems from a significant shortage of judges, which continues to exacerbate waiting times and backlog issues.
The extent of these delays was revealed in the minutes of the April meeting of the Employment Tribunals User Group. It was noted that in the London South region, hearings requiring six to ten days are encountering the most prolonged delays. In comparison, other regions like London East, North West (Liverpool), Midlands East, and the South East have cases listed for the latter half of 2025. Only Wales (South), London Central, the North East, and the South West currently have available hearing dates for 2024.
Regions beyond London are also affected. For hearings of three to five days, some regions are listing cases for the second half of 2025. These delays highlight the broad scope of the issue affecting Employment Tribunals nationwide. Judge Barry Clarke - President of Employment Tribunals for England and Wales - indicated that 60% of the backlog of single claims are concentrated in London and the South East, yet these regions only house 30-40% of the judges.
Despite efforts to address the judge shortage, the recruitment drives have fallen short. Although 19 new judges were recently recruited, the initial target was 50. This marks the fourth consecutive recruitment attempt by HM Courts & Tribunals Service (HMCTS) that has failed to meet the required numbers, particularly in London and the South East. The minutes of the meeting noted, "There is no shortage of those who wish to become salaried judges in other parts of the country. The likeliest explanation for the shortfall is the cost of living in London and the South East."
As of April 2024, the tribunal system includes eight regional employment judges, three acting regional judges, 165 salaried judges, 350 fee-paid judges and 780 non-legal members. An additional 50 fee-paid judges are expected to be recruited this year but the next significant recruitment effort won't occur until three years later.
The latest quarterly tribunal statistics, covering October to December 2023, paint a stark picture. Single employment cases saw a 7% increase, while disposals fell by 11% compared to the previous year. During this period, the tribunal received 8,100 single claim receipts and managed to dispose of 7,100, leaving a backlog of 33,000 claims. For multiple cases, there were 16,000 new receipts, 23,000 disposals, and an open caseload of 431,000.
An informal survey of Regional Employment Judges provided additional insights into the scheduling disparities across the country:
Short Hearings (1-2 days): Most regions can schedule these in the second half of 2024, with greater flexibility in London East, London Central, North East (Leeds), and Midlands East.
Medium Length Hearings (3-5 days): Many regions can hear these cases in the second half of 2024, except for London South, which faces delays until the second half of 2025.
Longer Hearings (6-10 days): Wales (South), London Central, the North East, and the South West can still list these for the second half of 2024. Regions like London East, North West (Liverpool), Midlands East, and the South East are looking at the second half of 2025, with London South facing delays until early 2026.
Hearings Over 10 Days: Most regions are listing these for 2025, with Wales (South) and the North East having the shortest wait times, still able to list for late 2024. The longest waits are in Watford and Croydon, extending into early 2026.
The ongoing judge shortage and the resultant delays in Employment Tribunals highlight the urgent need for strategic recruitment and resource allocation within the HMCTS. Without substantial improvements, the backlog and waiting times will continue to affect claimants and the justice system's efficiency across England and Wales.
