The latest figures from People Management paint a worrying picture: employment tribunal backlogs in the UK have soared by nearly a quarter in just one year. That’s tens of thousands of unresolved cases now stuck in a legal queue, and by all accounts, it’s only getting longer. For us at Gravitate HR, this isn’t just a headline; it’s a flashing warning light for businesses across Scotland. We discussed this in one of our recent Gravitate HR Group workshops taking place across 2025.
And the truth is, for many SMEs and third-sector organisations, the risk isn’t just in the tribunal itself – it’s in the slow, silent build-up that happens long before a claim is even made.
So, what’s really going on?
At last count, nearly 50,000 employment tribunal cases were sitting unresolved. Delays are stretching into years, not months. The reason? A mix of judge shortages, underfunded infrastructure, and a rising number of claims; fueled partly by growing employee awareness and legislative shifts.
The upshot? Even basic cases are taking far too long to reach resolution. And for employers, that means stress, uncertainty, and the very real possibility of reputational damage if issues aren’t handled properly from the start.
What should employers be doing?
At Gravitate HR, we’ve long championed a proactive, preventative approach to people management. This isn’t about being overly cautious, it’s about being commercially smart and people-focused.
Here’s what we’re advising our clients to do, right now:
Treat Probation Periods Like Gold Dust
Too often, we see probation periods treated as a formality. But they’re not – they’re a critical window for setting expectations, reviewing fit, and making confident decisions.
- Schedule formal reviews (not just casual chats)
- Give clear, actionable feedback
- Don’t delay difficult decisions – if someone isn’t right, act fairly and promptly
- We also have to consider the Employment Rights bill recommendations and preparing for probation period requirements and day one rights in the future.
Make Performance Management Normal, Not Nerve-Wracking
A lack of regular, honest conversations is still the biggest reason we see issues escalate. Are you confident that your managers are holding monthly or regular catch-ups with their team members?
- Train line managers to handle underperformance early
- Use tools like PIPs (Performance Improvement Plans) that are supportive, not punitive
- Keep notes – it doesn’t need to be war and peace, but it must be recorded
Avoid Legal Risk Through Clarity and Consistency
The tribunal backlog should remind us all: prevention is better than cure.
- Review your contracts, policies, and disciplinary procedures now
- Ensure they reflect current legislation and are followed consistently
- Don’t rely on templates from 10 years ago – they won’t stand up under scrutiny
- Let us support you and your managers in using updated and people centred documentation when managing people processes.
Plan Ahead for Legislative Change
The forthcoming Employment Rights Bill could bring day-one unfair dismissal protections and double the time employees have to raise a claim. These are big shifts, and they’ll raise the stakes even higher.
- Stay informed
- Review onboarding and exit procedures
- Strengthen your HR documentation trail now, not later
- Attend one of our upcoming HR Training Workshops across 2025 to stay up to date and well informed on legislative changes.
Use Us – That’s What We’re Here For
At Gravitate HR, we’re not just here when things go wrong. We’re your HR partner to get things right from the start. Whether it’s refining a probation policy, delivering manager training, or sense-checking a tricky conversation – lean on us. You don’t need to navigate this alone.
Final Word from Us
Tribunals may be bogged down in delays, but your people strategy doesn’t have to be. A bit of investment in your internal processes now can save you a world of worry down the line. HR doesn’t need to be reactive. In fact, when done well – it’s the exact opposite.
If you’re ready to future-proof your approach and give your managers the tools to lead with confidence, get in touch 20 min call – Gravitate HR
