04/11/2026

On 21 October 2026, some Employers Federation attended a Tribunal Users’ Group meeting at Law Society House in Belfast. The meeting provides practitioners with an opportunity to hear directly from the Tribunal about current caseload pressures, procedural developments and emerging issues affecting Tribunal litigation.

There were a number of particularly useful updates for both employers and representatives which we have summarised and outlined below.

Tribunal caseload continues to increase

The Tribunal reported continuing pressure on its caseload. Individual claims have increased by 9.9% this year, while approximately 1,278 live claims are currently in the system (not including stayed claims, cases adjourned pending settlement and claims awaiting vetting).

The average judicial caseload is now approximately 170 claims per Employment Judge, a level which the Tribunal indicated is not sustainable. The number of live claims has increased considerably from 958 in October 2024.

Interestingly (although not surprisingly) approximately 52% of the current claims in the Tribunal are led by self-represented litigants in person.

The nature of claims coming before the Tribunal also remains significant for employers. Although detailed statistics are not presently maintained by jurisdiction, the Tribunal indicated that disability discrimination claims remain the most common, followed by what appears to be a significant volume of public interest disclosure / whistleblowing, claims. Sex discrimination claims also continue to feature prominently.

How long are Tribunal claims taking?

The figures provided on waiting times demonstrate the importance of employers being prepared for lengthy proceedings.

As of September 2026:

• the average period between receipt of an ET1 and final hearing was 88 weeks;
• the average period between lodging an ET3 and final hearing was 71 weeks; and
• first Case Management Preliminary Hearings are being listed approximately 20 weeks after receipt of the ET3.

The Tribunal noted that waiting times remain better than those currently experienced in Great Britain and are broadly comparable with Scotland.

For employers, the practical message is that defending Tribunal proceedings can become a long-running exercise. Preserving documents and identifying relevant witnesses at an early stage therefore remains particularly important.

Changes to case management

One of the more significant developments concerns the way cases will be managed.

From November 2026, the Tribunal intends, where appropriate, to issue standard case management orders without first holding a Case Management Preliminary Hearing. In represented cases, parties may be asked to agree a timetable between themselves and, where suitable, a Judge may review the pleadings and issue directions without a hearing.

This approach is generally intended for cases where:

• both parties are represented;
• there are no preliminary issues;
• there are no outstanding amendment applications; and
• the case is otherwise suitable for directions to be dealt with on paper.

The Tribunal estimates that approximately 10–15% of cases could potentially be dealt with in this way.

The Tribunal also explained that Judges are dedicating a listing day to non-compliance cases. On these days, Case Management Preliminary Hearings will be held in cases where parties have failed to comply with Tribunal directions. Parties may be required to remain available until the relevant compliance issues have been resolved.

The Tribunal is also considering earlier ‘fast tracked’ judicial intervention from November 2026 for certain claims, including unlawful deduction from wages and straightforward unfair dismissal claims, with a view to identifying suitable cases and listing them for hearing more quickly.

Judicial Mediation

Judicial Mediation continues to play an important role in resolving cases.

Between April and October 2026, 56 Judicial Mediations were listed, of which 20 resulted in successful settlement, with a further five removed from the list. The Tribunal estimates that approximately 114 hearing days have been saved through mediation. New Judicial Mediations are currently being listed into March 2027.

These figures are a useful reminder for employers that mediation should be considered seriously in appropriate cases, particularly where the time and management resources required to defend lengthy proceedings may be significant.

Tribunal concerns about AI

Perhaps one of the most interesting discussions concerned the increasing use of artificial intelligence in Tribunal proceedings.

The Tribunal reported seeing increasingly lengthy pleadings and applications, with ET1s being three or four times longer than necessary, generic passages concerning reasonable adjustments being repeated across a number of separate and unrelated claims and some applications being received which contain extensive material which is not required in order for the Tribunal to determine the issues in dispute.

The Tribunal also reported a considerable increase in interim relief applications, from approximately two per year to around two per month, as well as an increase in Rule 44 anonymity applications.

A Judicial AI Working Group is considering guidance on the use of AI in Tribunal proceedings. The Tribunal indicated that guidance is likely to align with an anticipated Practice Direction from the Lord Chief Justice, with issues including confidentiality, personal data, accuracy and the responsibility of users relying upon AI-generated material under consideration.

Tribunal digitisation

Finally, the Tribunal provided an update on its planned digitisation project.

Work is underway on a new internal case management system which is intended to allow representatives to log in, monitor the progress of cases and access case documents electronically (akin to the portal case management system in GB). The Tribunal expects to seek volunteers for user testing during 2027, with full rollout anticipated by the end of 2027 or early 2028.

What does this mean for employers?

The overall picture is of a Tribunal system dealing with a significantly increased workload and looking for ways to manage cases more efficiently.

For employers, there are a few practical messages:

• Expect proceedings to take time. Relevant documentation should be preserved and potential witnesses identified early.
• Consider Judicial Mediation strategically. It can provide an opportunity to resolve suitable disputes without committing further resources to lengthy proceedings.
• Take Tribunal directions seriously. Failure to comply creates additional hearings and judicial scrutiny.
• Use AI carefully. AI can assist with litigation work, but responsibility for accuracy, proportionality, confidentiality and the final content remains important.