Employment tribunal statistics 2025/26

Win Rates, Awards, Waiting Times & Trends

What percentage of employment tribunal claims succeed?

Approximately 60% of claims are settled, withdrawn, or conciliated before a hearing. Of cases that reach a final hearing, unfair dismissal has a claimant success rate of about 14%, while discrimination success rates vary widely (3-5% depending on type). Very few claims go all the way to a final tribunal hearing.

What is the average employment tribunal award?

The average unfair dismissal award is approximately £14,000 (median) to £28,000 (mean — skewed by large awards). Discrimination awards are uncapped and vary widely, with injury to feelings awards typically in the £8,000-£15,000 range (median).

How long does an employment tribunal case take?

Currently, waiting times for a final hearing are 18-24 months in most UK regions, with London and some other high-demand areas experiencing longer delays. Many cases settle or are withdrawn well before trial.

What is the most common employment tribunal claim?

Unauthorised deductions from wages is the largest claim type by volume (partly driven by the ongoing holiday pay backlog). Unfair dismissal and breach of contract are also very common.

Employment tribunal statistics 2025/26

Based on MOJ quarterly data · Last updated April 2026

Key Figures at a Glance

Single claims received in 2023/24 (record high)

Unfair dismissal win rate at hearing

Cases settled/withdrawn before hearing

Wait for final hearing (most regions)

Single claims received: ~615,000 (2023/24)

This represents a record high, largely driven by the ongoing unauthorised deductions from wages backlog (particularly the holiday pay litigation following the Working Time Regulations cases).

Note: This figure includes all claim types. Some claimants file multiple separate claims; others claim multiple issues in a single ET1.

Most common claim types (by volume)

Win Rates and Success Rates

Pre-hearing outcomes: ~60% of cases

Approximately 60% of all claims are settled, conciliated by ACAS, or withdrawn before reaching a final tribunal hearing. This means only about 40% proceed to a full merit determination.

This is the critical insight: tribunal statistics are heavily dominated by cases that never go to trial. If you settle early via ACAS conciliation, the MOJ statistics will not show you.

Unfair dismissal: ~14% claimant win rate at hearing

Of unfair dismissal cases that reach a final hearing, approximately 14% result in a claimant win. This is a very low figure and reflects the high evidential bar employers must clear to prove a fair dismissal process and reason.

Important context: This 14% figure is misleading without understanding pre-trial settlement rates. Most strong unfair dismissal cases settle before hearing; very weak cases are withdrawn. The 14% represents cases where the parties could not agree on value.

Discrimination: 3-5% claimant win rate at hearing

Discrimination success rates vary by protected characteristic but typically range from 3% to 5% at final hearing. Direct discrimination is very difficult to prove (requires evidence of less favorable treatment because of a protected characteristic).

Note: These figures combine all protected characteristics (race, sex, disability, age, religion/belief, sexual orientation, gender reassignment, marriage/civil partnership, pregnancy/maternity). Some characteristics have higher success rates than others.

Average Compensation Awards

Unfair dismissal awards

The mean is considerably higher than the median because large awards (usually to older claimants with longer service) pull the average up. A typical unfair dismissal award is closer to £14,000.

The award includes basic award (capped) and compensatory award (uncapped loss of earnings and pension, plus contributions to in-work expenses, etc.). Unfair dismissal awards can be reduced by Polkey percentage and contributory fault.

Discrimination awards (uncapped)

Injury to feelings (median):

Discrimination awards are uncapped and include: injury to feelings (assessed against Employment Tribunal Judicial College guidance bands), compensatory award (economic loss), and aggravated damages (if the respondent's conduct worsened the injury).

Awards vary enormously depending on the nature of the discrimination, duration, impact on you, and the respondent's conduct. A single instance of discrimination may result in a lower award than a sustained pattern.

Authorised deductions/wages claims

The "average" for unauthorised deductions/wages claims is less meaningful because the award is directly calculated from what was not paid (there is no discretion). Awards range from a few hundred pounds to several thousand, depending on the amount withheld and the period.

Time from claim to final hearing

High-demand areas (London, etc.)

These are typical timescales as of April 2026. Waiting times are driven by tribunal workload and vary by region. Case complexity, whether a PHR is needed, and availability of parties/representatives can add further delays.

Note: These waiting times are for a final hearing. Cases that settle via ACAS conciliation typically resolve within 3-12 months.

Waiting times and case management practices vary significantly by tribunal region. London, Manchester, and Birmingham typically have longer queues than smaller regional tribunals. However, centralisation of the tribunal system means geography matters less than it once did.

The Ministry of Justice publishes quarterly waiting time data on GOV.UK. If you are filing a claim, check your local tribunal region's current waiting time estimate.

Why these figures can be misleading

The settlement question: To settle or to fight?

The fact that 60% of cases settle before trial suggests two things: (1) many claimants can recover money without a hearing; (2) risk is real — not every case wins. Settlement offers should be carefully evaluated against the likelihood of success at trial, the likely award, and the cost of legal representation.

ACAS conciliation is free and confidential. If the tribunal office refers your case to ACAS, take it seriously. Many settlements happen at this stage.

Questions people ask

If only 14% of unfair dismissal cases win, is it worth taking a claim to tribunal?

Yes. First, remember that 60% of cases settle before trial — many without going to a hearing. Second, the 14% figure is from cases that go to trial; these are often the most contested cases where the law is unclear or the facts are disputed. If you have a strong claim, settlement is likely. Third, even a case that loses at trial may trigger a settlement offer during proceedings.

Is my compensation likely to be the average?

Not necessarily. Your compensation will depend on your length of service, age, salary, and the nature of the loss (lost earnings, pension, future prospects, etc.). The average of £14,000-£28,000 is pulled up by awards to older, long-service claimants. If you have shorter service or lower salary, your award will likely be lower. Use an ET calculator to get a rough estimate for your circumstances.

How accurate are these statistics?

These figures are approximate and based on the Ministry of Justice quarterly employment tribunal statistics. MOJ data is published with a lag (typically 3 months) and is subject to revisions. They represent national averages and may not reflect your tribunal region or specific claim type. Treat them as helpful context, not predictions for your individual case.

Why is the unauthorised deductions backlog so large?

The sustained volume of unauthorised deductions claims (particularly for unpaid holiday pay) is the legacy of Working Time Regulations litigation dating back to 2013-2015. Many employers have inadequate holiday pay schemes. Claims continue to flow in as new employees discover they were underpaid, or former employees submit backdated claims. The backlog is not expected to clear quickly.

What is ACAS conciliation and how does it affect these statistics?

ACAS (Advisory, Conciliation and Arbitration Service) is free and confidential conciliation. If your tribunal case is referred to ACAS, both parties receive an offer to conciliate. Many cases settle at this stage. Settled cases do not count as "tribunal wins" — they count as withdrawn/settled — but claimants often recover significant money. ACAS conciliation is responsible for much of the 60% pre-trial settlement rate.

Do I need a lawyer to have a good chance of winning?

No. Many claimants represent themselves (in person) and win. However, employment law is complex and representation can be valuable for building a strong claim, cross-examining witnesses, and negotiating settlement. Many solicitors offer no-win-no-fee agreements for employment cases, which removes the upfront cost barrier.

Where can I find the full MOJ employment tribunal statistics?

The Ministry of Justice publishes quarterly employment tribunal statistics on GOV.UK: search for "Employment Tribunal Statistics" and you will find the latest quarterly report (published with a 3-month lag). The full dataset is available in Excel format and includes detailed breakdowns by claim type, region, and outcome.

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Employment Rights Act 1996

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