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Employment Rights Bill: expanded rights risk tribunal gridlock amid funding gaps, rising unrepresented litigants and unclear Fair Work Agency remit, undermining access to justice

Published on: 01 April 2025

Published by a Law360 reporter
Legal News
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Article summary

Employment lawyers warn that a raft of rights introduced by the new legislation will pile pressure on an already congested tribunal system, risking barriers to justice for workers seeking to uphold those rights, especially people unable to pay for representation. Caspar Glyn KC, of Cloisters and chair of the Employment Lawyers Association, noted that tribunals are struggling with their current workload and that volumes are poised to rise. In his view, the tribunals are not dealing with what they currently have, and further claims are imminent. The ERB, which brings in measures including a so‑called day one right to claim unfair dismissal, is forecast to lift the number of cases reaching employment tribunals by as much as 15%, according to impact assessments released in October 2024.

Commentators fear this uplift will compound the existing backlog of 66,800 outstanding cases and make it harder for employees to exercise the new protections granted by the law. Glyn cautioned that when the Bill takes effect — delivering day one rights and zero hours rights without any additional funding — delays in the tribunals are likely to multiply and lengthen...

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