Dramatic Surge in Employment Tribunal Cases and Lawyer Demand Unveiled
Increasing Court Case Pile-Up Anticipated Prior to Implementation of Labor Reforms
The employment tribunal backlog has skyrocketed by approximately 28% over the past year, leaving the government in a bind as they prepare for their highly debated Employment Rights Bill.
The latest figures from HM Courts & Tribunals Service, provided by law firm Littler, show that as many as 49,800 cases were awaiting trial by a tribunal at the end of the final quarter of 2024 - a clear increase from the 39,000 cases in the same period of 2023.
This surge comes as the government inches closer to passing a bill aimed at employment reforms that includes the elimination of exploitative zero-hour contracts, a ban on fire and rehire tactics, and the extension of employment rights from the get-go.
Joe Beeston, partner at Forster's, voiced his concerns about the strain on the Employment Tribunals system. "Claims are now typically taking over a year to appear before a judge," he said, going on to add, "Rescheduling hearings at the last minute is becoming more common, even on the morning of the hearing day - not just incurring time and costs, but creating a whole lot of stress as well."
Beeston warns that this situation may escalate further with the introduction of the Employment Rights Bill, which is expected to boost the volume of claims brought before tribunals.
Hot Employment Lawyers Market
A report from recruitment consultant EJ Legal and labor market data analytics firm Vacancysoft revealed that employment law vacancies surged by almost 34% in 2024. This rise in open positions comes as no surprise, as the burgeoning number of cases shows that employment lawyers are in high demand.
City AM previously reported last August that the Employment Tribunal was already grappling with pandemic-related case backlogs. One lawyer predicted that the "situation might worsen when dealing with new sets of laws."
Insights into the Tribunal Boom
- A surge in new employment law cases is driving the expansion of the tribunal caseload.
- Legislative changes have boosted employee protections and awareness, leading to increased claims.
- With more claims filed, there is a greater need for employment lawyers to represent both employers and employees.
Anticipated Effects of the Employment Rights Bill
- Increased claims, further swelling the tribunal backlog.
- Delayed justice and escalating pressure on the tribunal system.
- More demand for employment lawyers as businesses and employees navigate the changing landscape of labor laws.
- Financial ramifications for both employers and employees, with costs possibly rising for one and awards potentially growing for the other.
- Potential policy responses, such as allocating more resources to tribunals or exploring alternative dispute resolution mechanisms.
| Factor | Impact ||----------------------|------------------------------|| New rights/legislation | More claims filed; greater complexity || Higher compensation limits | Increased incentive to claim; potential for larger awards || Tribunal backlog | Longer wait times; amplified pressure on system; delayed justice || Demand for employment lawyers | Greater need for legal representation and advice || Employer costs | Higher legal fees and potential settlement costs || Employee experience | Larger awards possible, but longer waits and uncertainty |
- The soaring employment tribunal backlog, currently standing at around 49,800 cases, has risen by approximately 28% over the past year, drawing attention to the looming Employment Rights Bill.
- The forthcoming Employment Rights Bill, a bill aimed at employment reforms, includes various policies such as the elimination of zero-hour contracts, a ban on fire and rehire tactics, and the extension of employment rights.
- A report from EJ Legal and Vacancysoft disclosed a 34% surge in employment law vacancies in 2024, indicating a rising demand for employment lawyers due to the growing number of cases.
- Anticipated effects of the Employment Rights Bill include increased claims, delayed justice, escalating pressure on the tribunal system, more demand for employment lawyers, financial ramifications for both employers and employees, and potential policy responses.
