Draft Employment Tribunal (Extension of Time Limits) (Miscellaneous Amendments and Transitional Provisions) Regulations 2026 Draft Employment Tribunals Extension of Jurisdiction (England and Wales) (Amendment) Order 2026
There was a time not so long ago when we had a Government who said that they were obsessed with growth—that it was their core, underlying mission. Casting my mind back to that moment makes me feel old, but my goodness, what a long way we have travelled over the last almost two years. I say that because no Government who were obsessed with growth, no Government who were genuine about creating the economic conditions for prosperity that provide our public services with the resource they need, and no Government who were sincere about giving the young people of this nation the opportunity to find work and climb the ladder of opportunity would, in all seriousness, have introduced these measures. It belies their lack of knowledge of working in business, for they do not understand the stifling impact of piling regulation upon regulation and doubling the period of jeopardy for an employer at a time when, as the Minister acknowledged, our employment tribunals are drowning, deluged and failing. I suspect that hon. Members on both sides of the Committee have some appreciation, although maybe not the full horror, of what is going on right now in our employment tribunals. I would certainly like to hear more from the Minister and her officials about their plans to remedy a situation that we all should recognise as a crisis. To be fair, this did not all happen on the current Government’s watch. It dates back too many years, but it is getting worse by the week. The open caseload of single claims stands at a record 64,157 in the last available figures, which is a 55% increase in a single year. One does not need Carol Vorderman’s maths ability to understand that the backlog has grown by more than half in the last 12 months alone, firmly on this Government’s watch. It is not too late for the Government to recant, to see the light and the wisdom, on this statutory instrument, and perhaps ingratiate themselves with the next Prime Minister and Chancellor, who are more firmly committed to the growth that has eluded the incumbents. New single claim receipts rose by 39% last year to 50,000. That is the addition to the stack of claims, while—please write this down—disposals fell by just 12%. As we sit in this non-air-conditioned Committee Room this afternoon, more claims are being added to the pile. The backlog is growing. The prospect of claimants and employers receiving settlement of those claims now dates back more than two years in many parts of the United Kingdom. Again, I urge the Minister to correct me if any of these statistics, based on the figures of the Office for National Statistics on gov.uk, are somehow erroneous, or if I am portraying a false narrative of the situation as it exists today. In these Committee Rooms, we are supposed to engage our minds and properly look at the evidence, not just vote the way we are told. Wouldn’t that be a good idea: evidence-based policymaking, rather than simply yielding to whatever the Government ask and whatever officials put in front of us? The Government’s overall economic analysis of the Employment Rights Act, of which these regulations are a small measure, implies that the volume of cases in the failing, unreformed employment tribunal system is expected to increase by about 17%—this is the economic analysis of the Department for Business and Trade from January 2026. That is 17% more cases on a backlog of 64,000, which is growing by the day and resulting in delays to claims of more than two years in many parts of the United Kingdom. I will not detain the Committee with every single measure in the 330-page unemployment Act that the Opposition oppose—that is largely behind us—but there is no reason, when we are in a hole, to keep digging and make the situation worse. The independent Institute for Fiscal Studies estimates that about 80% of the costs that the system imposes on employers are passed on through lower wages, so it is the workers we seek to represent, our constituents, who ultimately bear the cost. Business has continually warned that increasing the already 13-week time limit would potentially significantly increase the jeopardy and therefore the risk. And who ultimately pays the price? This may be a fact that Government Members do not wish to fully contemplate, assimilate and understand, but the people who pay the price are the young people who are denied those opportunities. I would be delighted if any Government Member wanted to intervene to tell me the rate of unemployment among 16 to 24-year-olds today, and how much that has increased in the last 24 months under this Government as a result of both the swingeing increases in tax and the crushing amount of red tape. In the absence of anyone intervening, and to move us forward quickly, I can reveal that the figure is 16.2%. That means that one in six of our young people between the ages of 16 and 24 who are actively looking for work—who are dispiritedly firing off application after application—are simply unable to find the work that they seek. That is 735,000 young people, almost three quarters of a million. I believe in the good of Members, so I do not really believe that anybody on the Government Benches came here to put young people out of work, but the law that we pass most often is the law of unintended consequences. I urge Government Members to look at their consciences and decide whether putting more of our young people out of work is really what they came here to do. I will conclude with a few points to the Minister, if she would be so kind as to respond. First, she talked about the idea that six months is somehow fairer than three months. If that is the case, and if it is the Government’s position, will she make representations to the Chancellor to similarly apply that 13-week increase to 26 weeks when it comes to HMRC? The ordinary taxpayer does not have that same luxury of time. If it is the Government’s new principle that the only fair period is 26 weeks, there will be plenty of opportunities to extend that across to other parts of Government in a symmetrical way. Can the Minister share any specific assessment her Department has made of how many additional claims these two instruments alone will generate? We have heard about the 17% overall increase in tribunal claims, but can we have an understanding of the additional claims that relate just to these measures, so that Members can make an informed decision when they cast their vote? That is unless the Minister is kind enough to withdraw the measures today. Given the 64,000-case backlog, what resources does the Minister plan to give the employment tribunal to remove the constraining factors by having additional judges, hearing rooms and sitting days and longer hours? Perhaps she has a comprehensive plan that can reassure hon. Members that 64,000 cases is just a transient backlog, and that it will not grow. Finally, if the Minister is confident—as I am sure she is—about the Government’s reforms, which she mentioned in passing, will she commit today to publishing a clear timetable that identifies the day on which the backlog will be reduced to the pre-2024 level she inherited?
