Employment Tribunal Statistics — What the Numbers Tell Us

Data from HMCTS Employment Tribunal Statistics, regularly updated. Understand claim volumes, win rates, compensation awards, and settlement trends.

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Do these statistics mean I’m unlikely to win?

No. These figures only cover cases that reach a hearing — 50–70% settle before then. Your claim’s value depends on your facts and evidence, not aggregate win rates.

How do I interpret median compensation figures?

Median means half of cases are awarded more, half less. Some discrimination cases attract very large injury-to-feelings awards; others are smaller. Settlement amounts are often higher than tribunal awards because employers settle to avoid risk.

Why do so many cases settle before reaching a hearing?

Employers settle to avoid cost, uncertainty, and reputational risk. Claimants settle to avoid a 12–24 month wait and get certain payment. ACAS early conciliation mediates around a third of cases.

Does the backlog affect my claim timeline?

Yes. The COVID backlog is still being cleared and current waits are 12–24 months, longer in London. Use the time to gather evidence, pursue settlement, and prepare thoroughly.

Are ACAS COT3s (settled cases) included in the statistics?

No. COT3s are excluded from tribunal hearing statistics, which is why hearing win rates and compensation figures don’t reflect settlement amounts.

Employment Tribunal Statistics — What the Numbers Tell Us

Last updated: April 2026

HMCTS Employment Tribunal Statistics publications and Ministry of Justice data. Figures are approximate and reflect recently published reporting periods. Statistics vary year to year due to legislative changes, claims volume fluctuations, and backlog clearing.

How many claims are filed?

Employment tribunal claim volumes have fluctuated significantly over the past decade, with major policy changes affecting filing rates.

Single claims filed per year (recent estimate)

Approximate recent figures; varies by year

Peak filing volume (2016–17, after tribunal fees abolished)

Demonstrates impact of fees policy on access to justice

Most common claim types (by frequency):

• Unlawful deduction from wages (including non-payment of minimum wage and holiday pay)
• Discrimination (all characteristics)
• Automatic unfair dismissal (whistleblowing, pregnancy, etc.)
• Redundancy-related disputes

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Win rates — what do claimants actually achieve?

Win rates are complex because most cases settle before reaching a hearing. These figures reflect only cases that proceed to a full merits hearing.

Settlement rates are typically 50–70%, meaning most cases never reach a hearing where a "win" is recorded. Many strong cases settle for a negotiated payment. These statistics exclude settlements.

Claimants win unfair dismissal cases at hearing

Varies by year and case strength

Claimants win discrimination cases at hearing

Higher awards when claims succeed

Why are win rates not higher?

• Weak cases often settle early or are withdrawn. Only stronger cases reach a hearing.
• Claimants must prove their case on the balance of probabilities. Judges require compelling evidence.
• Procedural requirements:
• Lack of evidence or procedural errors can lose strong claims.
• ACAS early conciliation resolves roughly one-third of cases before filing, removing both strong and weak cases from hearing statistics.

The win rate reflects only cases that are determined by a judge. The real value of an employment claim often lies in settlement negotiations — many claimants receive payments without going to trial.

Average compensation

Compensation varies widely depending on claim type, evidence quality, and individual circumstances. These are median figures (the midpoint), not averages (mean).

Median unfair dismissal award at hearing

Significant year-to-year variation

Discrimination awards (injury to feelings)

Often higher than unfair dismissal awards

What these figures include:

• Loss of earnings (wages for the notice period and time until finding new employment)
• Loss of statutory rights (a percentage applied when unfair dismissal is found)
• Compensation for distress and harm to feelings (discrimination cases)
• Interest and costs (in some circumstances)

These are median figures at hearing only. Settlement amounts are often different — both higher and lower. Many settlements are negotiated outside the tribunal and are confidential. Your individual compensation depends entirely on your case, evidence, and circumstances.

From submission of your claim to hearing date is typically:

Depending on region and case complexity. London and the South East often experience longer waits.

London Employment Tribunal currently has longer wait times (18–24+ months) than regional offices. Complex discrimination cases may take longer than straightforward unfair dismissal claims.

COVID created a significant backlog that is still being cleared. Tribunal services prioritize cases and attempt to offer earlier dates, but waits remain lengthy. Use this time to gather evidence and prepare your case thoroughly.

Cases settle or are withdrawn before hearing

This is the majority of all claims filed

Cases settled through ACAS early conciliation

ACAS mediates settlement before tribunal filing

• Employer avoids the uncertainty, cost, and reputational risk of a tribunal hearing
• Claimant receives payment without waiting 12–24 months for a hearing
• Both parties avoid the stress of litigation
• Settlement agreements typically include confidentiality clauses (employer pays to keep the matter quiet)

The settlement reality:

Employers expect to pay something to resolve claims. The high settlement rate reflects that most employers prefer to settle rather than litigate. This is good news for claimants — it suggests your claim has negotiating value, even if ultimate success at trial is uncertain.

Costs orders — how often?

Costs orders made in all tribunal cases

Costs are extremely rare in employment tribunals

Employment tribunals rarely award costs against losing parties. Costs are available only in limited circumstances:

• Vexatious or abusive conduct (frivolous and oppressive behavior)
• Unreasonable conduct in bringing/defending the claim (not just losing, but acting unreasonably)
• Failure to comply with tribunal orders

Employer threats of "costs if you lose" are largely hollow. Costs are genuinely rare. Losing a tribunal claim does not expose you to the employer's legal costs in 99% of cases. This is a critical protection in employment law — it allows workers to bring claims without fear of financial ruin if unsuccessful.

This statistic is important: do not be deterred by employer threats of costs. It is extremely unlikely you will face a costs order even if your case does not succeed.

What this means for you

High settlement rate = employers expect to pay

50–70% of cases settle before hearing. This reflects that employers routinely accept liability or negotiate payment. Your claim has negotiating value.

Win rates are meaningful when you prepare well

30–40% of unfair dismissal cases win at hearing. This reflects cases that reach trial. Claims that settle are excluded. Many strong cases settle. Preparation and evidence matter.

Costs are rare — proceed without fear

Less than 1% of cases result in costs orders. Even if you lose, you will not be liable for the employer's legal fees. This protects claimants and makes claiming accessible.

Wait times are long but manageable

12–24 months is standard. Use this time to gather evidence, build your case, and pursue settlement negotiations. Start My Claim helps you prepare throughout the process.

Key caveat — these statistics are aggregate figures

The strength of your individual claim depends entirely on your specific facts, circumstances, and evidence. Aggregate win rates should not discourage you from pursuing a strong claim, nor should they encourage you to pursue a weak one.

Use Start My Claim to assess your claim properly against legal criteria, not statistical averages. Your case is unique.

• HMCTS Employment Tribunal Statistics (gov.uk)
• Ministry of Justice Tribunal Statistics Quarterly

Frequently asked questions

Do these statistics mean I'm unlikely to win?

No. These statistics reflect only cases that reach a hearing. 50–70% settle before hearing. Your claim has value even if aggregate win rates seem modest. The strength of your claim depends on your facts and evidence, not on statistics. A strong discrimination claim or whistleblowing claim, for example, often succeeds. Use Start My Claim to assess your specific situation.

How do I interpret median compensation figures?

Median means half of cases are awarded more, half less. Some discrimination cases are awarded very large sums (injury to feelings can be substantial). Some unfair dismissal cases are awarded less. Your compensation depends on loss of earnings, length of service, and other factors. Settlement amounts are often higher than what a tribunal would award, as employers often settle to avoid risk.

Why do so many cases settle before reaching a hearing?

Employers settle to avoid the cost, uncertainty, and reputational risk of a tribunal hearing. Claimants settle to avoid a 12–24 month wait and receive a certain payment. Both sides benefit from resolving early. ACAS early conciliation mediates settlement in roughly one-third of cases. Settlement is the norm, not the exception.

Does the backlog affect my claim timeline?

Yes. The COVID backlog is still being cleared, though services are improving. Current wait times are 12–24 months. London offices have longer waits than regional ones. Use this time strategically: gather evidence, pursue settlement negotiations, and prepare your claim thoroughly. Start My Claim helps you organize and present your case to maximize impact when the hearing comes.

What counts in these statistics — are ACAS COT3s (settled cases) included?

No. ACAS COT3s (Conciliation Settlement Agreements) are settled cases and are excluded from tribunal hearing statistics. This is why hearing win rates and compensation figures do not reflect settlement amounts. The settlement rate (50–70%) reflects cases that did not reach a hearing, including both ACAS settlements and tribunal withdrawals.

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