AI transforms employment tribunal claims amid record backlog and rising pressures

A surge in employment tribunal claims prepared or influenced using AI is changing the way workplace disputes are being brought, according to a leading south-west-based employment lawyer. Figures from HM Courts and Tribunals Service show that outstanding cases rose by 26 per cent in a year, exceeding 60,000 open claims in September 2025, while unresolved employment tribunal claims surpassed half a million for the first time on record.

Roy Magara, Solicitor Advocate and founder of Magara Law, which has offices in Bicester, London, Banbury and Reading, said his firm is increasingly seeing cases drafted with the help of AI, particularly from litigants in person who previously struggled to navigate the tribunal system.

He said: “AI is undeniably changing access to justice in the employment tribunal system. For many people who felt unable to pursue a claim, AI has opened the door to justice at scale that simply didn’t exist a few years ago. Litigants in person are arriving better prepared, more confident, and more willing to challenge decisions they would once have walked away from.”

Despite this improved access, tribunal processes are not becoming faster or more efficient. Waiting times for a standard unfair dismissal claim have now stretched beyond a year, up from 30 weeks a decade ago, according to the Ministry of Justice. The growing backlog means tribunals spend longer determining what matters in each case, placing additional pressure on already stretched resources.

Roy added: “The growing backlog of claims is exposing deep structural weaknesses in an already under-resourced tribunal system. A process can be legally fair on paper, but if it is consistently slow, justice becomes less effective in practice.”

The delays have consequences for all parties. Employers face prolonged management time, disclosure burdens and reputational risks, while employees experience extended stress, financial insecurity and the weakening of evidence over time.

The firm also highlighted risks associated with over-reliance on AI in case preparation. Roy said: “It’s important to be clear that AI can assist preparation, but it is not a substitute for legal advice or professional judgment. Over-reliance can be actively damaging to a case. Whilst AI is reshaping the employment disputes landscape, it does not remove the need for legal expertise.”

Pressure on the system is expected to increase further in 2026 with the introduction of the Employment Rights Bill. Government analysis predicts the reforms could raise cases by 17 per cent, adding around 6,900 claims and 1,300 additional hearings requiring judicial time.

Roy concluded: “In 2026, tribunals must impose a stronger emphasis on proportionality, assertive case management and greater pressure on parties to focus on the issues that actually determine the outcome, rather than expansive or scattergun pleadings. AI will become a normal feature of case preparation, but its use will attract far greater scrutiny and questions around accuracy, confidentiality and the reliability of evidence.”

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