‘Huge emotional toll on managers’ from employment tribunal delays

Managers and staff are suffering a “huge emotional toll”—while trusts are facing extra costs—due to very long delays to hold employment tribunals.

A lack of judicial capacity following mass cancellations during covid means waiting times for a hearing are reaching as long as 18 months from initial claim, and more hearings are being cancelled at the last minute, meaning trusts are incurring significant financial costs, lawyers said.

Minutes from a Courts and Tribunals Judiciary meeting showed, as of this spring, some regions were listing three-five day employment tribunal hearings as far as two years away (early 2026), while others were being scheduled for the second half of 2025, despite recent signs of a falling caseload.

One senior employment law source, who did not want to be named, told HSJ both the staff making claims, and their organisations/managers, were being “hugely impacted” by the delays “because they are living in some of the worst moments of their lives”.

They said: “Equally, for those against whom claims are brought, some really serious allegations of discrimination, they’ve put a huge pressure on those people. They’re living with that hanging over them. That emotional toll is huge. We’ve had people who have retired and moved overseas. Who wants to come back from there for a tribunal claim relating to issues from six years ago? It has a really significant impact.”

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Source: HSJ, 29 July 2024