Tribunals under pressure

‘Huge’ increases in immigration and employment claims

Backlogs in the tribunals service increased by 16% over the past year, according to new figures from the Ministry of Justice. In the immigration and asylum chamber of the first-tier tribunal, the open caseload increased by 68% to 152,000 after incoming cases went up by 49% — even though disposals increased by 39%.

In the employment tribunals, the number of outstanding claims brought by individuals was 64,000 at the end of March, an increase of 55% compared to the same period in 2024/25.

The London Tribunals Centre, Newgate Street

“It is alarming to see employment tribunal backlogs continuing to spiral,” the president of the Law Society of England commented yesterday. Mark Evans said that prolonged periods of uncertainty were likely to take a high toll on both individuals and businesses. “The situation remains urgent,” he added.

Employment lawyers say the latest figures reflect a system that is struggling to keep pace with demand. Imogen Finnegan of Bellevue Law said claims were still outpacing resolutions and the backlog was continuing to build. Adele Martins of Magrath Sheldrick said hearings were being scheduled for 2029 and even 2030.

To ease pressure in asylum and immigration cases, the home secretary Shabana Mahmood is expected to introduce new legislation “within weeks” to make it harder for rejected asylum seekers to use article 8 of the human rights convention — the right to family life — when appealing against their removal from the UK. A new appeals body is planned, whose adjudicators will include non-lawyers.

Chief’s concerns

In oral evidence to the Lords constitutional committee on Wednesday, the lady chief justice expressed concern about backlogs in three particular tribunals. She mentioned:

the first-tier tribunal immigration and asylum chamber, where receipts continue to arise at an ever-alarming rate. SEND, the Special Educational Needs and Disability Tribunal: I am told that between 2011 and 2023 the volume of appeals registered has increased by almost 500%. And the employment tribunals: again, huge increases in the number of receipts.

Baroness Carr pointed out that two tribunals could expect an increase in work as a result of new legislation. “We have the Renters’ Rights Act, which is going to increase the burden on the property chamber in particular… Also the Employment Rights Act is going to have a huge impact on the employment tribunals.”