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Unfair dismissal cases in England and Wales are currently facing unprecedented delays, with some claimants having to wait as long as five years for their hearings. This growing backlog in the Employment Tribunal system is causing significant distress for individuals seeking justice, as well as complications for the businesses involved. Legal professionals are warning that without substantial reforms, the situation will only worsen and justice will remain out of reach for many.
A poignant example of the human impact is the case of Catriona Ball, whose late husband, Lewis, passed away in 2024 shortly after resigning from a job he believed was harming his health. Following his death, Catriona filed a claim for constructive unfair dismissal and failure to accommodate disability adjustments against his former employer, who denies the allegations. Although the dispute centers on unresolved workplace issues, the primary concern now is the lengthy wait for the case to be heard. Despite lodging the claim in February 2025, the tribunal hearing is scheduled for 2029.
Lewis Ball’s story is marked by tragedy. On a typical Saturday at his childhood rugby club near their home, Lewis experienced chest pains during a game and subsequently collapsed. Despite efforts including the use of a defibrillator he had helped the club obtain, paramedics were unable to save him. Lewis, who was 43, died of coronary artery disease and hypertension. Stress from his workplace, which he felt was intolerable and not properly addressed, had led to his resignation weeks earlier. Meanwhile, Catriona is enduring both profound grief and the uncertainty created by the drawn-out legal process. She says, “Grief is brutal. Every day is affected and you have to get through each day. You’ve got kids who need you. You have to just take it literally one day at a time.”
The backlog in Employment Tribunals is considerable and growing, with nearly 72,000 claims pending—an increase of almost 26,000 over the previous year. Many experts estimate that new unfair dismissal claims may now take five years to reach a full hearing. Caspar Glynn KC, chair of the Employment Lawyers’ Association, highlights the severe consequences: “Normally in an employment tribunal, the worker has been dismissed, they have no income, they have nothing to live on, and a delay of five years is effectively economic servitude for that person.” Glynn notes that delays not only harm workers but also employers, as cases become harder to defend when witnesses leave companies or pass away. The system is struggling to cope, partly due to the rising complexity of cases such as whistleblowing and discrimination claims, which take longer to resolve.
Additionally, the growing number of “litigants in person” — individuals without legal representation — is exacerbating delays. Many self-represented claimants are turning to artificial intelligence tools for assistance, which often generate voluminous and overly broad claims. Glynn explains, “They then get a voluminous case, bringing up every single possible claim there is… claims which used to be, say, one or two pages long, that are now 30 to 40 pages long.” This increased volume requires judges to spend more time reviewing each case, further lengthening wait times. To address these issues, the Employment Lawyers’ Association is calling for the creation of a new dispute resolution body and the use of AI technology that streamlines rather than expands claims. They also propose categorizing cases based on complexity and value, with simpler claims handled by legal officers instead of judges to reduce delays and costs.
In response, a Ministry of Justice spokesperson said the government acknowledges the pressures on the tribunal system and is taking steps to reduce the backlog by maximizing sitting days, hiring more judges, employing virtual hearings where suitable, and investing in digital infrastructure. Despite these promises, many claimants like Catriona Ball remain caught in legal limbo. Reflecting on her difficult situation, she states, “There’s a big expense to me personally, continuing with this… I could easily withdraw the claim. But there’s an amount of pressure to do it for Lewis on his behalf.” She believes Lewis would want some form of accountability even if it comes at a personal cost to her
Read the full article from The BBC here: Read More
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