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How long does an employment tribunal take?

Waiting times vary by claim type and jurisdiction. This article breaks down what the published data shows — and what the current backlog means for cases filed today.

Cases analysed

14,000+

published ET decisions with country and decision date

Typical wait (unfair dismissal, E&W)

17 months

from ET1 filing to published decision, adjusted for current backlog

Backlog growth

+33%

single ET open caseload year-on-year (MOJ, Q2 2025/26)

How we measured waiting times

Every ET case number ends with the year the ET1 was registered — for example, a case number ending in /2024 was filed in 2024. By comparing the filing year to the published decision date across the full database, we can calculate how long each case took from filing to decision.

We use country of jurisdiction — England & Wales or Scotland — as the only geographic dimension. Sub-regional breakdowns (London vs North, etc.) are not available because the data does not contain a verified field for tribunal office or city.

The figures below use 2024 filings as the base — the most recent year with a substantial sample of completed cases. We then apply a 20% forward uplift for the current backlog (MOJ open caseload +33% YoY, disposals −10%).

These figures measure time to published written decision, not time to hearing. The hearing typically takes place some weeks before the written judgment is published. 2024 cases still open are not in the sample, so the averages skew toward faster-resolving cases.

England & Wales vs Scotland

Scotland consistently shows shorter published decision times than England & Wales in the 2024 dataset. The figures below are adjusted for the current backlog and show the range from the fastest 25% of cases to the slowest 25%.

England & Wales

17 months

Fast 25%: 12 mo·Slow 25%: 22 mo·7,429 cases (2024 filings)

Scotland

14 months

Fast 25%: 10 mo·Slow 25%: 18 mo·762 cases (2024 filings)

All figures adjusted for current MOJ backlog (+20%). Base data: 2024 filings, published decisions only.

Does claim type matter?

Yes. Discrimination cases take longer on average than unfair dismissal cases. The gap is consistent across both England & Wales and Scotland, and is a direct result of their greater complexity and the more demanding procedural requirements needed to handle them fairly. The table below shows the relative multiplier for each claim type compared to an unfair dismissal case in the same jurisdiction.

Claim typevs unfair dismissal
Equal pay+25% longer
Sex discrimination+24% longer
Harassment+22% longer
Disability discrimination+20% longer
Race discrimination+21% longer
Whistleblowing+14% longer
Unfair dismissalbaseline
Breach of contract5% shorter
Wrongful dismissal5% shorter
Redundancy18% shorter
Unlawful deduction of wages13% shorter

Multipliers derived from cases with extracted claim type data. Many cases have multiple claim types, so these are directional rather than precise. Rows marked "est." are not data-derived.

What the backlog means for you

The tribunal system is under significant pressure. Single ET open caseload has reached its highest ever level in the published timeseries, and disposals fell 10% in the latest quarter. Cases filed today will join a longer queue than cases filed in 2024.

For context: an unfair dismissal case filed in England & Wales in 2024 took an average of 1 yr 2 mo from filing year to a published decision. Adjusted for the current backlog, a similar case filed today is likely to take around 17 months.

These are averages across published decisions. Cases that settle or are withdrawn before a judgment is issued are not in the dataset — the actual median for all claims (including those that resolve early) is likely shorter.

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Data notes

Waiting times are calculated from the filing year (derived from the case number) to the published decision date. They represent the full case lifecycle up to the written judgment, not just the time from listing to hearing.

Sub-regional breakdowns (London vs North, etc.) are not available — the data does not contain a verified field for tribunal office or city.

The 20% backlog uplift is conservative. The MOJ data shows a 33% increase in open caseload — we use 20% to avoid overstating the effect of a single quarter's data.

Source: Tribunal Intel database and MOJ Tribunal Statistics Quarterly, July–September 2025.