Introduction

While public attention often focuses on criminal court backlogs, employment cases in England and Wales are facing similar delays.

There is currently a backlog of 64,000 claims before the Employment Tribunal (ET), and some unfair dismissal claims issued today may not be heard until after 2030. This leaves both employers and dismissed employees in prolonged uncertainty while litigation is pending.

One contributing factor to these delays is the increasing use of Artificial Intelligence by claimants. 

How Is AI Changing Claims? 

The use of AI makes it easier for litigants to turn straightforward workplace grievances into complex and lengthy submissions. 

Where claims were once set out in a few paragraphs, recent ET submissions are often far longer, containing detailed procedural histories and extensive references to case law and legislation.

This is sometimes described as the “kitchen‑sink” effect, where numerous points are included without being filtered for legal relevance. This increases workload and creates a knock-down effect on employers, their legal representatives and tribunal staff, who must respond to more complex claims.

AI can also hallucinate when citing case law. Unrepresented litigants using AI may not realise when the authorities they rely on are inaccurate or irrelevant. As a result, employers, solicitors and tribunals must spend additional time verifying legal references, even when a claim initially appears sophisticated. This may be contributing to further delays in the ET.

Access to Justice

Many areas of law in England and Wales are seeing an increase in Litigants in Person (LIPs) using AI to generate claims. ET's are particularly affected because:

  • there are no fees for lodging a claim
  • costs orders are rare
  • legal aid is generally unavailable 

Since legal aid funding is typically unavailable for ET cases, Artificial Intelligence is likely to be an attractive option for litigants who cannot afford legal representation but need a tool to understand employment law before bringing a claim. 

Impact of the Employment Rights Act 2025

The new Employment Rights Act has added around 25 new grounds on which employees can bring claims in the ET. From January 2027, claims can be brought after six months of employment, rather than two years. Delays in the ET are therefore likely to worsen before they improve.

The Employment Lawyers’ Association (ELA) has urged the government to act quickly to reduce delays and has recommended creating a new dispute‑resolution body to divert workplace grievances away from the tribunal system.

In the meantime, given the low financial barriers for LIPs and the lack of legal aid, the use of AI is likely to remain an enduring feature of employment litigation.

Future Outlook

As for the Employment Tribunal, AI may be both part of the problem and part of the solution. The challenge for ET will be managing the additional complexity created by AI‑generated claims without undermining access to justice for LIPs who rely on AI because professional legal advice is unaffordable.