Delays in the Employment Tribunal have become significant in recent years. The current government is in the process of introducing a raft of new employment laws under the umbrella of the Employment Rights Act 2025 but none of these have any teeth when the enforcement mechanism is so lacking. It’s a sad indictment on the industrial tribunals which for many years protected workers from mistreatment by their employers and which were a source of pride.
Recently my colleagues and I have experienced a range of disappointments with the system we all respect hugely. Preliminary hearings being called off at the very last minute when our clients have waited for so long, sometimes more than a year, and when barristers’ fees have already been incurred with no prospect of a refund. Not to mention the emotional burden which impacts health. Final hearings that cannot take place despite both parties being in a position to proceed on a set date because there is no ‘judicial resource’. That’s code for: ‘we have no judge’. It is extremely disappointing to have to relay to a client the news that their anticipated hearing, which takes them hopefully a step closer to resolution, has been aborted at the last minute, and there is no sign of an alternative date. The only solution? More waiting. More expense. More worry.
It’s galling that the system is in such a mess. Acas is beleaguered and cannot cope with the volume of potential claims .The tribunals have huge listing delays. This is due to years of under-resourcing. There is nothing in Labour’s manifesto about overhauling or investing in the Employment Tribunals System or giving more funding to Acas. They can give a host of new rights but without the infrastructure this is performative and meaningless to your average worker. Employers are increasingly aware that the threat of litigation in the Employment Tribunals brings risks to workers in terms of waiting times and costs, and this in turn gives the wrong kind of employers a licence to mistreat. It also means that trying to negotiate with employers who view litigation risk as a non-risk is increasingly difficult. So, what can we do to help claimants?
I will always try to seek resolution outside of litigation for my clients. This is the didlaw ethos and it is built around enabling clients to move on from what has happened and rebuild their lives and careers without enriching lawyers at their own expense. Getting embroiled in litigation is rarely a positive although of course I do understand why for some people they feel they must do it.
My number one piece of advice for workers is this: do not resign. However bad things get at work, the minute you resign that is the moment you give away all leverage for a swift resolution with your employer. Even where an employer will not acknowledge any wrongdoing or refuses to negotiate, they will often agree a financial settlement to get you off their headcount. Many clients come to us saying they want to bring a constructive dismissal claim. What they should have done is talked to a lawyer before resigning while they still had some leverage.
This blog was written by Yavnik Ganguly, Senior Solicitor at didlaw.
