Tribunal statistics show increase in redundancy consultation claims

There has been a large increase in the number of claims brought in employment tribunals for failure to inform and consult in a redundancy situation, according to the Tribunals Service statistics. 

The Tribunals Service's annual figures, which cover the period from 1 April 2012 to 31 March 2013, show that employment tribunals received a total of 191,541 claims during 2012/13, a 3% rise compared with 2011/12. 

Comparing 1 April 2011 to 31 March 2012 with 1 April 2012 to 31 March 2013, there has been a significant increase in the number of claims received:

  • for failure to inform and consult in a redundancy situation, from 7,984 to 11,075;
  • under the Working Time Directive, from 94,697 to 99,627; and
  • for sex discrimination, from 10,783 to 18,814. 

Although the number of claims for sex discrimination has risen, it is now more in line with the figures in 2009/10 (18,204) and 2010/11 (18,258). 

Further, the number of claims for unfair dismissal has risen, from 46,326 in 2011/12 to 49,036 in 2012/13. 

However, there has been a fall in the number of cases brought in some employment tribunal jurisdictions, including claims for age discrimination, from 3,715 in 2011/12 to 2,818 in 2012/13; and equal pay, from 28,801 in 2011/12 to 23,638 in 2012/13. 

Also

XpertHR Tribunal Watch The latest on employment tribunals from the XpertHR legal team. 

Is an employer required to consult with employees prior to giving notice of redundancies? The XpertHR FAQs section answers this and other frequently asked questions regarding redundancy. 

Working time: Obtain a worker's agreement to opt out of the 48-hour working week Use this workflow to deal with the legal and practical steps that an employer must address when it wishes an adult worker to enter into an agreement to opt out of the 48-hour working week under the Working Time Regulations 1998.