The Backlog, Explained Honestly

How Long Does an Employment Tribunal Actually Take in 2026?

Employment Tribunal waiting times have become a major news story, Here are the some statistics you want to know.

31 weeks

Mean time to a hearing, up from 19 weeks a year ago

70,000+

Open Tribunal cases in the system and still rising

2028-2030

Listing dates for some complex or discrimination claims, especially in London & the South East

Source: Ministry of Justice Tribunal Statistics, 2026

What The Backlog Doesn't Change

Your Deadline to Start a Claim Hasn't Moved

The backlog only affects what happens after you've filed a claim - not how long you have to act. You generally still have 3 months less one day from the event to notify ACAS and start Early Conciliation (rising to 6 months from October 2026 under the Employment Rights Act 2025). Waiting to see if the backlog improves is not a safe strategy: that clock runs regardless of how long the Tribunal itself is currently backed up.

Worth Repeating

The wait for a hearing has grown. Your deadline to start hasn't.

If a long wait is making you consider not bothering at all, that's understandable - but it isn't a reason to miss your window to act. You can start your claim now and still be waiting for a hearing date later; you cannot get back a deadline you let pass while you were deciding.

What Actually Happens

The Stages, In Order

The backlog affects how long you wait between these stages, not the order they happen in. Here's the process, stage by stage.

You submit your ET1 claim

Within your deadline

Your claim starts the process - this is the step the backlog doesn't affect. Miss this deadline and nothing after it matters.

The Tribunal accepts your claim

Shortly after filing

You'll get a letter confirming your claim has been accepted, along with a 'Your claim - what next' guide setting out what happens from here.

Your employer responds

Within 28 days of receiving your claim

The Tribunal sends your claim to your employer, who must file their ET3 response within 28 days (or longer if they're granted an extension).

Acas conciliation stays open

Throughout the process

An Acas conciliator can help both sides explore a settlement at any point - this runs alongside everything else and doesn't require a hearing.

Case management

Before the final hearing

The Tribunal sets out what's expected of both sides - disclosure, the bundle, witness statements - so the case is ready by the time it's listed.

The final hearing

This is the stage the backlog delays

You and your employer present your evidence and the Tribunal decides. This is the wait you've heard about in the news - everything before it still runs on its own timetable.

Source: GOV.UK, 'Make a claim to an employment tribunal' and 'Employment tribunal: what happens after you submit a claim'

This is genuinely what arrives in the post once your claim is accepted.

The Silver Lining

A Longer Wait Makes Hourly Billing Worse, Not Better

If you're weighing up a solicitor, the backlog matters to your budget. Most employment solicitors bill by the hour, and a case that now takes 12-36 months from filing to hearing means many more hours of correspondence, updates and case management before you ever reach a room. A fixed-price course doesn't get more expensive the longer your case takes to be listed - which is exactly why the backlog strengthens the case for self-representation rather than weakening it.

Use the Time Well

A Longer Wait Is a Reason to Prepare Early, Not Less

Memories fade and witnesses move on. A well-prepared bundle, chronology and witness statement put together properly now will hold up far better eighteen months from now than one assembled in a rush closer to your hearing date. Starting your preparation early, while the details are fresh, is one of the few things within your control here.

Whatever Stage You're At

Start Now. The Wait Is Out Of Your Hands - Your Deadline Isn't.

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