As part of our ongoing commitment to keep our clients informed of key developments in employment law, we’ve summarised the latest updates from the recent South East Employment Tribunal User Group Meeting, chaired by Regional Employment Judge Foxwell.
This provides a useful insight into how the employment tribunal (ET) system is evolving both nationally and regionally—and what it means for employers and HR professionals navigating the employment law landscape.
Digital Reform: Completed, but still evolving
The long-awaited employment tribunal reform programme (using MyHMCTS platform)—aimed at modernising the tribunal case management system and making the ET process more efficient by creating a digital case file and automation of some processes—is technically complete. MyHMCTS will enable users to view and manage their case online; it will become the default channel that professionals will use to interact with the ET.
The South East region, as one of the largest regions both in size and volume of cases, was one of the last regions to roll out the reform system. It has been operational in this region for around nine months now. Employers and legal representatives should expect the platform to evolve over time, with new features being introduced on a rolling basis.
Important Change: New rules for filing from 21 May 2025
A new practice direction (PD) concerning the filing of claims and responses comes into effect on 21 May 2025. It introduces strict rules about how claims and responses must be submitted. There are now four approved methods:
- Online via the HMCTS portal (mandatory for practitioners using MyHMCTS).
- By post to the central office in Loughborough.
- By hand at either the Watford or Cambridge ET offices.
- Exceptionally by email, but only if accompanied by a screenshot showing that an online submission attempt failed.
From 21 May, all employer responses must be filed online via MyHMCTS.
Backlogs and caseload pressures
Employment tribunal workloads remain high and are projected to increase further. As of December 2024, there were approximately 40,000 open single claims across the system. This number is expected to grow by 15% with new employment legislation anticipated in 2026.
Despite rising demand, ET resources remain static. As such, this will create longer waiting times—especially for multi-day hearings, discrimination cases, whistleblowing, and complex unfair dismissal matters.
Current regional listing times:
- Short cases (½ day): Available from May–July 2025.
- 1–2-day hearings: Generally listed for mid–late 2025.
- 3–10-day hearings: Into 2026 and beyond.
- 11+ day hearings: October 2026 onwards.
Judicial Mediation: Virtual lacks personal touch!
Judicial mediation remains a valuable tool, with a success rate of around 66%. However, mediations conducted via CVP (video hearings) are slightly less successful than when conducted in person. The statistics remain constant as the tribunal is able to list more mediations to take place each month via CVP, compared to in-person mediations. The default position is that judicial mediation will be via CVP.
Employment Judges: Changes in personnel
Two senior judges in our region are retiring (Employment Judge Laidler and Employment Judge Postle), though they will continue sitting part-time in retirement. New judges are expected to join the Norwich and Watford ET later this year to help bridge the resource gap.
ACAS Conciliation trends
ACAS continues to play a vital role in pre-tribunal dispute resolution:
- Early conciliation (EC) requests are up significantly, with over 124,000 requests made in the last year.
- A noticeable increase in discrimination-related claims, particularly disability, is contributing to the heavier caseload.
- ACAS staff are under pressure with increased demand but the same resourcing. This is resulting in conciliators having a shorter window to conciliate claims.
Practical tips for employers
- Review your ET filing procedures to ensure compliance with the new rules from May 2025. If you haven’t already, ensure legal teams are using MyHMCTS.
- Prepare for delays: Longer lead times for hearings are becoming the norm—early resolution (via ACAS or judicial mediation) is often in your best interest.
- Watch for discrimination trends: With disability claims on the rise, consider reviewing internal processes and reasonable adjustments policies to reduce your risk profile.
- Less is more with communication: When dealing with litigants in person (LiPs), avoid unnecessary cc-ing of the tribunal. Judges prefer targeted, necessary communication only.
This is only intended to be a summary and not specific legal advice. If you would like further information or advice, please do contact a member of our employment team.
