‘Huge emotional toll on managers’ from employment tribunal delays
Managers and staff are suffering a “huge emotional toll” — while trusts are facing extra costs — due to very long delays to hold employment tribunals, HSJ has been told.
A lack of judicial capacity following mass cancellations during covid means waiting times for a hearing are reaching as long as 18 months from initial claim, and more hearings are being cancelled at the last minute, meaning trusts are incurring significant financial costs, lawyers said.
Minutes from a Courts and Tribunals Judiciary meeting showed, as of this spring, some regions were listing three-five day employment tribunal hearings as far as two years away (early 2026), while others were being scheduled for the second half of 2025, despite recent signs of a falling caseload.
One senior employment law source, who did not want to be named, told HSJ both the staff making claims, and their organisations/managers, were being “hugely impacted” by the delays “because they are living in some of the worst moments of their lives”.
They said: “Equally, for those against whom claims are brought, some really serious allegations of discrimination, they’ve put a huge pressure on those people. They’re living with that hanging over them. That emotional toll is huge.
“We’ve had people who have retired and moved overseas. Who wants to come back from there for a tribunal claim relating to issues from six years ago? It has a really significant impact.”
The pressures and delays are also leading to many more short-notice cancellations of hearings, the source said.
They added: “There’s all the management time. You’ve had all those people getting themselves ready, taking time out from what is really important work focused on patients to come to a tribunal hearing, and then you’ve got to stand them all down and do it all again and get them all back in.
“In some cases, you’ve got a number of executive directors of NHS organisations, whose time is valuable and where you want them focused on patients, and reducing waiting lists, and getting people discharged from hospital. Instead, they’re sat in a room for the third time looking at a tribunal claim.”
Unbelievably difficult
Alastair Currie, a partner at the law firm Bevan Brittan, told HSJ another trend was seeing more NHS staff remaining in their job while bringing employment claims — rather than doing so after leaving — which can become “unbelievably difficult for organisations to manage”.
He said: “Of course, employees have a statutory right to bring a claim and employers have a duty to protect them throughout. But particularly when claimants remain in workplaces, managing the resulting tension and fallout between colleagues can be difficult for everyone involved.
“It is common to see mental health issues develop, and people seeking redeployment. From time to time, lots of people find themselves completely caught up in litigation and worry, which inevitably impacts services.”
A Ministry of Justice spokeswoman said: “The justice system is in crisis and this has placed enormous strain on employment tribunals. This government is [grappling with] the situation and we are recruiting more judges and rolling out more virtual hearings to reduce waiting times.”