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How long does an employment tribunal take?

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

Cases analysed

26,901

published ET decisions with case numbers and dates

Typical wait (unfair dismissal, E&W)

~17 months

from filing to 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 Employment Tribunal case number ends with the year the ET1 was filed — for example, a case number ending in /2024 was filed in 2024. By comparing the filing year to the published decision date across 26,901 cases, we can calculate how long each case took from filing to published written decision.

Note: this measures time to the published written decision, not time to the hearing itself. The hearing typically takes place weeks or months before the written judgment is published.

The figures below use 2024 filings as the base — the most recent year with a large enough sample of completed cases — then apply a 20% forward uplift to reflect the current backlog. The MOJ's latest statistics show single ET open caseload up 33% year-on-year and disposals down 10%.

England & Wales vs Scotland

Scotland resolves cases faster on average. 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 avg

Fast 25%: 12 mo·Slow 25%: 22 mo·7,476 cases (2024 filings)

Scotland

14 months avg

Fast 25%: 10 mo·Slow 25%: 18 mo·764 cases (2024 filings)

All figures adjusted for current MOJ backlog (+20%). Base data: 2024 filings, published decisions only. Country is the only geographic dimension available in the published data — no city or office breakdown is possible.

Does claim type matter?

Yes — and the pattern holds within both jurisdictions. Discrimination cases take 4–6 months longer than unfair dismissal cases filed in the same jurisdiction. The most likely explanation is that discrimination cases require more hearing days and are harder to list.

The table below shows the relative multiplier for each claim type, derived from the database. A multiplier of 1.20 means the case takes roughly 20% longer than a comparable unfair dismissal case in the same jurisdiction.

Claim typevs unfair dismissal
Equal pay+25% longer
Harassment+23% longer
Disability discrimination+21% longer
Race discrimination+22% longer
Sex discrimination+22% longer
Whistleblowing+13% longer
Unfair dismissalbaseline
Breach of contract6% shorter
Wrongful dismissal6% shorter
Redundancy17% shorter
Unlawful deduction of wages14% shorter

Caveat: many cases have multiple claim types, so these multipliers are directional rather than precise.

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. Research published in May 2026 found average waits of four years in some regions, and separate analysis reported by People Management suggests some hearings are now being listed as far out as 2030.

For context: an unfair dismissal case filed in England & Wales in 2024 took an average of 14.5 months to reach a published decision. Adjusted for the current backlog, a similar case filed today is likely to take around 17 months.

Complex discrimination cases could take significantly longer — the slow 25% of England & Wales cases already exceed 22 months on the 2024 base figures, before the backlog adjustment.

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 last 4 digits of the case number) to the published decision date. They represent the full case lifecycle, not just the time from listing to hearing.

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 (26,901 decisions) and MOJ Tribunal Statistics Quarterly, July–September 2025.