Are Employment Tribunal Claims Rising in 2026?
Are Employment Tribunal Claims Rising in 2026?
A Practical Guide to Responding to an ET1 and Defending Your Business
In 2026, Employers across the UK are increasingly required to defend Employment Tribunal claims and respond to ET1 claim forms within strict deadlines. Newly published statistics from the October 2025 National User Group meeting released by His Majesty’s Courts and Tribunals Service confirm a significant increase in claims. The latest Employment Tribunal data highlights growing litigation risk for UK employers and sustained pressure on the Tribunal system.
The figures show that:
- Employment Tribunal claim receipts are at their highest level since the COVID-19 pandemic, signalling a continued upward trend in workplace litigation.
- Employment Tribunal Claims are becoming more complex. “Open track” cases, including those relating to discrimination and whistleblowing claims now account for 60% of all Employment Tribunal claim receipts. Disability discrimination remains the most common discrimination claim, and these cases often require reasonable adjustments which can delay proceedings.
- Backlogs are increasing. Between March 2024 and March 2025, Employment Tribunals received 42,000 single claims but disposed of only 32,000. As a result, there were 45,000 single claims outstanding at the end of that period.
- Hearing dates are significantly delayed. Many hearings are being listed for early to mid-2027, with some complex cases not expected to be heard until 2028.
For UK employers, the arrival of an Employment Tribunal claim can be daunting, particularly in the context of increasing delays and rising complexity. If your business has received an ET1 Employment Tribunal claim form, understanding how to respond within the 28-day deadline is critical. Employers defending an Employment Tribunal claim must act quickly to prepare their ET3 and Grounds of Resistance.
With the right preparation, early legal strategy, and commercial focus, most Employment Tribunal claims can be managed efficiently and proportionately.
How Does the Employment Tribunal Process Begin?
Early Conciliation and Acas
An Employment Tribunal claim usually does not come out of the blue. In most cases, the employee must contact Acas first to trigger Early Conciliation. Early Conciliation now lasts up to twelve weeks after recent government reforms to assist the Tribunals given the excessive backlog.
During Early Conciliation, it provides time for a designated Acas mediator to mediate between you and the individual seeking to bring the potential claim against your business. If the conciliation is unsuccessful, the individual will then be issued with an Early Conciliation Certificate. In some instances, the individual may opt against engaging in Early Conciliation and obtain their Early Conciliation Certificate instantly. Without this, they cannot bring a claim.
The door to amicable conclusion via settlement does not close after Early Conciliation concludes; you can still negotiate through Acas or directly with the individual or their representative throughout the entire proceedings.
Responding to an ET1: The 28-Day Deadline and Filing the ET3
Once the individual or their representative submits their claim, they should receive an Acknowledgement of Claim correspondence from the Employment Tribunal. There is no timeframe on this; sometimes it can take place within a week, but it could also take a few months before Acknowledgement. It solely depends on the current backlog at that Tribunal.
Upon the individual’s receipt of the Acknowledgement of Claim correspondence, your business shall also receive a Notice of a Claim correspondence from the Employment Tribunal. This will also enclose a copy of the ET1 Claim Form and any attached particulars. Your business will then have 28 days to respond to such a claim. Failure to do so could result in the Employment Tribunal making a finding without your business’ evidence considered.
Preparing Your ET3 and Grounds of Resistance: Defending the Claim Properly
In order to defend your business as strongly as possible, we would encourage you to seek legal advice on receipt of the ET1 Claim Form. It is invaluable that the detailed response to the claim (also known as the Grounds of Resistance) is consistent with the evidence the Employment Tribunal shall consider.
We would encourage your business considers the following to assist with the response to the claim:
- get in touch as soon as possible – we will need urgent input from your business into preparing the response as it can take time to get it right in accordance with the evidence;
- select one core member of your team as the main point of contact to liaise with us;
- check the key information in the claim form, for example the claimant’s start and leaving dates to mention any inaccuracies; and
- have the key documents ready to send to us, for example in a conduct dismissal case this will include the investigation report, dismissal letter and any documents relating to the appeal.
What follows the Submission of the Grounds of Resistance?
Both parties will be required to prepare and file several documents with the Tribunal before any hearing so that the case is properly prepared.
Common case management orders include:
- The individual will need to file a schedule of loss setting out the compensation they are claiming
- exchanging of documents held by each party
- The production of a joint hearing bundle
- The exchanging of witness evidence.
Each party will need to be prepared to be scrutinised (and cross-examined) on any of these documents by the Tribunal at the Final Hearing.
How long is the Hearing?
The Hearing length varies greatly depending on the type of case and the region in which it is to be heard. This might have been already decided at a Case Management Preliminary Hearing earlier in the proceedings. Given the Tribunals backlog at present, the longer the final hearing is listed for, the longer it is likely to be before it takes place.
A Judge will deal with liability and remedy on the final day where possible. Judgement may be given on the final day or the Judge may wish to write separately to the parties with their judgement after the final hearing has finished. This is what is known as a ‘reserved judgement’. These can take several weeks and sometimes months depending on the complexity of the claims and how busy the Tribunal is.
The Reputational Risk of Employment Tribunal Claims
Employment Tribunal claims are not only a legal and financial issue, they can also carry reputational consequences for a business. This makes seeking legal advice at the earliest junction essential.
Employment Tribunal judgments are published publicly, meaning allegations of discrimination, whistleblowing, or unfair dismissal can become accessible to employees, clients, future job seekers and competitors. Even where claims are successfully defended, the existence of proceedings can create internal disruption and external scrutiny.
Managing a claim strategically, including considering early resolution where appropriate, can therefore protect not only your business’ legal position, but your organisation’s reputation.
If your business has received an Employment Tribunal claim, or you are concerned about potential exposure, then seeking early, strategic advice can make a significant difference to the outcome.
Our experienced employment law team specialises in defending Employment Tribunal Claims, and we are here to support you at every stage of the process, from Early Conciliation through to the Final Hearing.
Contact us today for a free 30 minute confidential discussion about the Employment Tribunal claim and how we can put your business in the best position to defend your business and help you move forward with confidence.
Kerseys Solicitors in Ipswich at [email protected] or telephone 01473 213311 or
Kerseys Solicitors in Felixstowe at [email protected] on 01394 834557 or
Kerseys Solicitors in Woodbridge at [email protected] on 01394 813732 or
Kerseys Solicitors in Colchester at [email protected] on 01206 584584 or
Kerseys Solicitors in Stowmarket at [email protected] on 01449 613631 or
visit our website and click “Call Me Back” where a member of our employment law team will be happy to contact you at a time that is convenient to you.
