In October 2025, HM Courts and Tribunals Service published Employment Tribunal statistics for England and Wales:
- Between April 2024 and March 2025, there were 45,000 single claims outstanding i.e. awaiting listing in the Tribunal.
- Complex claims (discrimination, whistleblowing etc) had doubled from 30% of all claims to 60% compared with 10-15 years ago.
- Most hearings which were expected to be of 1-2 days’ duration were being listed for the first half of 2026, although in the South-West and North-West, they were being listed for the second half of 2026 whilst in London they were being listed for first half of 2027.
- Longer, more complex cases were being listed for second half of 2027 or even into 2028; hearings which were expected to last more than 10 days were being listed for 2029.
These long waits coupled with the reduction in qualifying service period to bring a claim for Unfair Dismissal may see fewer discrimination cases being brought as “ordinary” Unfair Dismissal claims will be heard more quickly. In addition, the removal on the compensation cap means that there will be less incentive to claim discrimination if an Unfair Dismissal case exist.
As of September 2025, ACAS had seen a 26% increase in applications for Early Conciliation compared to the previous year and there was a five week delay in allocating an ACAS officer to a claim.
ACAS Early Conciliation is a process which is designed to help employers and employees resolve workplace disputes before they escalate to an Employment Tribunal. It allows both parties to explore whether litigation can be avoided by reaching a mutually acceptable resolution with no admission of liability.
The aim is to reduce the time and costs associated with employment disputes. Claims in the Employment Tribunal can be lengthy, expensive, and resource-intensive, involving legal fees, management time, and disruption to the business.
If an employee has a potential case in the Employment Tribunal, a claim must be submitted within three months of the “act” be it dismissal or discrimination. ACAS Early Conciliation then provides an additional period of up to 6 weeks currently* during which both parties can decide whether to settle the claim. Employers therefore need to be aware of these timescales and take them into account, including an additional five weeks for the allocation of an ACAS officer, before they can safely assume that no claim is forthcoming.
*12 weeks from 1 December 2025
MHA HR Solutions can assist you with the ACAS Early Conciliation process, acting on your behalf with an aim to settling a claim for a reasonable amount and keeping you out of the Tribunal. We can also advise you on conducting Without Prejudice conversations and can draft Settlement Agreements which permit you to part with employees on an amicable basis without the need for ACAS involvement.
