Ryan Russell

Some trials are being listed for 2023.

Outstanding single claims in England, Wales and Scotland hit a record high of 45,000 in January of this year, according to figures from the Ministry of Justice.

The figure is significantly higher than the previous peak of 36,000 in 2009-10, following the financial crisis.

The pandemic put cases on hold for three months in spring 2020 and also caused a number of employment disputes.

A survey from the Employment Lawyers Association (ELA), seen by The Times, shows that about 40 per cent of lawyers are waiting in excess of a year for their clients’ cases to be heard.

The 700 responses showed that significant delays to final hearings occur regularly. The survey found that more than 80 per cent of final hearings pertained to events that had happened at least six months ago, while 90 per cent of lawyers had final hearings listed six months or more in the future.

One respondent said the system was “scandalously under-resourced” and that “they just seem to be drowning”. Another said: “It is virtually impossible to get through to the tribunals by phone, which is sometimes necessary for urgent matters.”

A Ministry of Justice spokesperson said: “We are investing £76 million to speed up our tribunals, install new video technology and recruit more judges. Employment tribunal hearings are now back to pre-pandemic levels and we have introduced 5,000 additional sitting days to drive recovery.”

In contrast, Ryan Russell, partner at MML Legal, told SLN he was “surprised” by the findings, noting that “the tribunal system in Scotland has been very effective”.

He added: “The way in which they have adapted the online CVP hearing system has seen the vast majority of cases dealt with in the same time scales.

“There is no doubt there has been a delay with in-person hearings but overall I think the tribunal system has adapted very well in Scotland, everyone is doing the best they can in the circumstances.”

He expressed concern, however, over the claim that workers are being pressured into settling.

“I have would have serious concerns over any worker being pressured to settle a claim. At the end of the day, the pursuit of a tribunal is always making the best of a bad situation and in litigation there are never any guarantees,” he said.