Employment tribunal claims at record high

A 56% increase in the number of accepted tribunal claims was partly caused by the recession, according to Tribunals Service statistics. 

The figures, which cover 1 April 2009 to 31 March 2010, show that 236,100 claims were accepted by tribunals in 2009/10, compared with 151,028 in 2008/09. The total number of jurisdictional claims brought in 2009/10 was 392,800, compared with 266,542 in 2008/09. Just under a quarter (95,200) of these were Working Time Directive cases (largely multiple airline industry cases that were submitted every three months), which is now the most common complaint (up 296% from 2008/09). 

The next-highest jurisdictional claims are unauthorised deductions from wages at 75,500 (up 123%), unfair dismissal at 57,400 (up 9%), and breach of contract at 42,400 (up 29%). The Tribunals Service's report states that these increases are likely to be due to the recession. The number of equal pay claims fell to 37,400 (down 18%). 

The number of claims for age discrimination (up 36%), sexual orientation (up 18%) and religion or belief (up 20%) continue to grow steadily. 

The average awards included:

• £9,120 for unfair dismissal;
• £18,584 for race discrimination;
• £19,499 for sex discrimination;
• £52,087 for disability discrimination;
• £4,886 for religious discrimination;
• £20,384 for sexual orientation discrimination; and
• £10,931 for age discrimination. 

The average award of costs in employment tribunal cases was £2,288. 

• Employment tribunal and EAT statistics 2009-10 (GB): 1 April 2009 to 31 March 2010 (PDF format, 155K) Read the full statistics for tribunal claims in 2009/10 on the Tribunals Service website. 

Also

Defending tribunal claims: before the hearing; hearing and outcome; frequently asked questions; and defending tribunal claims checklist Clyde & Co provides a series of articles on defending employment tribunal claims. 

Termination of employment: tribunal procedures The XpertHR frequently asked questions section provides answers to common queries that arise for employers going to an employment tribunal including:

• What are the potential consequences if an employer does not respond to a statutory discrimination questionnaire?
• How should a witness statement for use in employment tribunal proceedings be formatted?
• What is the time limit for appealing against the decision of an employment tribunal?
• On what grounds can the decision of an employment tribunal be appealed?
• Once employment tribunal proceedings have been started, does an employer have to go through Acas to make an offer to settle the case, or can it contact the claimant directly?

How to deal with employment disputes The XpertHR how to service provides step-by-step guidance on how employers should approach employment disputes.