Question

Asked by Sarah Bool to Justice on 10 November 2026 — tabled under the Andy Burnham government

Employment tribunal backlogs have reached record levels, with more than 70,000 open single claims and some hearings outside of London delayed until 2029. The Employment Lawyers Association estimates that the phased introduction of the Employment Rights Act 2025 over the course of the next year will increase the tribunal caseload by up to a third. Does the Minister accept the concerns of the legal sector that extending employment rights without the ability to enforce, due to court backlogs, is meaningless and making access to justice in these life-changing disputes a postcode lottery?

Answer

Answered by Sarah Sackman (Labour)

I am proud of the work the Labour Government have done in introducing a once-in-a-generation piece of legislation increasing workers’ rights, but we must ensure that those rights are capable of enforcement. The backlogs in the employment tribunal are ones that I recognise, which is why reform will be necessary and why we are increasing capacity with additional judicial recruitment. We are also seeing additional challenges through the pressures that AI is bringing. Our response needs to be up to the task by ensuring that we introduce our own uses of responsible AI to meet that challenge.
14% vibes

Verdict: AMBER (38/100)

The reply partly answers the question. It accepts that tribunal backlogs make rights hard to enforce and commits to reform and extra judicial recruitment. It does not address the second point, that outcomes depend on where a worker lives (the 'postcode lottery'), so that part of the question goes unanswered. The person who asked would likely need to follow up on regional variation before they had what they asked for.

How we got there

Question itemCoverageSpecificityRationale
Whether the Minister accepts the legal sector's concern that extending employment rights while tribunal backlogs prevent enforcement makes those rights meaningless. Addressed Direct The reply acknowledges the tribunal backlogs, states that rights must be capable of enforcement, and commits to reform and additional judicial recruitment, which substantively answers whether the concern about rights being undermined by enforcement gaps is accepted. It does not use the word 'meaningless', but the recognition of the backlog and enforcement problem addresses the substance of the concern.
Whether the Minister accepts the legal sector's concern that this situation makes access to justice in employment disputes a postcode lottery. Not Addressed Generic Nothing in the reply addresses access to justice as a geographic or 'postcode lottery' issue; the general references to backlogs and judicial recruitment do not engage with the claim that outcomes depend on where a worker lives.

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