Benchmarking

Employment Tribunals 2014

The 2014 XpertHR Benchmarking survey of employer practice on preparing for and defending employment tribunal claims, based on responses from 138 organisations with a combined workforce of 243,865 employees.

Survey questions

How many employment tribunal claims are brought per 1,000 employees per year?
How many employment tribunal claims are disposed of prior to the final tribunal judgement per 1,000 employees per year?
How many employment tribunal claims are settled in the organisation's favour per 1,000 employees per year?
How many employment tribunal claims are settled in the claimant's favour per 1,000 employees per year?
For how many employment tribunal cases does the outcome remain pending per 1,000 employees per year?
Have any employment tribunal claims been issued against your organisation in the past two years?
Does your organisation have a procedure in place for dealing with employment tribunals claims?
How many employment tribunal claims has your organisation faced in the past two years?
How many employment tribunal claims have been disposed of prior to the final tribunal judgement in the past two years?
How many employment tribunal claims have been settled in your organisation's favour in the past two years?
How many employment tribunal claims have been settled in the claimant's favour in the past two years?
For how many employment tribunal cases involving your organisation is the outcome pending?
How many Employment Appeal Tribunal claims has your organisation faced in the past two years?
How many Employment Appeal Tribunal claims have been disposed of prior to the final tribunal judgement in the past two years?
How many Employment Appeal Tribunal claims have been settled in your organisation's favour in the past two years?
How many Employment Appeal Tribunal claims have been settled in the claimant's favour in the past two years?
For how many Employment Appeal Tribunal cases involving your organisation is the outcome pending?
Under which areas have employment tribunal claims been issued against your organisation?
What are the most common reasons for employment tribunal claims to be disposed of prior to the final hearing?
- How often are employment tribunal claims dismissed as a result of a pre-hearing review?
- How often are employment tribunal claims withdrawn by the claimant prior to the final hearing?
- How often are employment tribunal claims settled through Acas prior to the final hearing?
- How often are employment tribunal claims settled through correspondence between claimant and respondent prior to the final hearing?
- How often are employment tribunal claims settled through mediation prior to the final hearing?
- How often are employment tribunal claims disposed of (settled) prior to the final hearing for other reasons?
What elements are typically included in settlements achieved without proceeding to final employment tribunal hearings?
- Do settlements achieved without proceeding to a final employment tribunal hearing typically include an apology?
- Do settlements achieved without proceeding to a final employment tribunal hearing typically include a reference?
- Do settlements achieved without proceeding to a final employment tribunal hearing typically involve reinstatement?
- Do settlements achieved without proceeding to a final employment tribunal hearing typically include a repayment clause?
- Do settlements achieved without proceeding to a final employment tribunal hearing typically include a confidentiality clause?
- Do settlements achieved without proceeding to a final employment tribunal hearing typically involve a sum of money?
Who is involved in the day-to-day handling of employment tribunal claims?
What sources do you use for advice/guidance on employment tribunal claims?
What is the most effective source of advice/guidance on employment tribunals?
What is the typical cost per claim for legal advice during an employment tribunal?
What is the typical cost per claim for legal representation during an employment tribunal?
What do you typically pay for legal advice during an employment tribunal?
What is the typical number of hours per claim for legal advice during an employment tribunal?
What is the typical hourly rate paid for legal representation during an employment tribunal?
What is the typical number of hours per claim for legal representation during an employment tribunal?
What is the total number of hours your organisation must devote to each tribunal case?
What is the total cost to your organisation of each tribunal case (excluding legal fees)?
Are your organisation's legal fees for employment tribunal claims covered by insurance?
Has your organisation ever used the Acas pre-claim conciliation service?
How many times have you used the Acas pre-claim conciliation service?
Is the Acas pre-claim conciliation service effective?
How effective is Acas in the run-up to an employment tribunal?
What remedies have been imposed in employment tribunals decided in the claimant's favour?
What is the average value of the compensation you have been ordered to pay to employment tribunal claimants over the past two years?
Where an employment tribunal ordered that claimants be re-engaged or reinstated, what was the actual outcome?
Do your legal advisors provide an estimated charge for their work in employment tribunal claims?
What changes have you made to policies or procedures as a result of employment tribunal claims?
How satisfied are you with the outcome of employment tribunal claims?
What would have made the final outcome of employment tribunals more satisfactory?
Why have employment tribunal claims resulted in judgements against your organisation?
What was the main reason for tribunal claims resulting in judgements against your organisation?
What are your views on employment tribunals?
- To what extent do you agree with the following statement? 'The tribunal gave each party a fair chance to make their claim.'
- To what extent do you agree with the following statement? 'The introduction of employment tribunal fees will dissuade unscrupulous claims.'
- To what extent do you agree with the following statement? 'We make every effort to settle employment tribunal claims out of court, even if we feel we have a strong case.'
- To what extent do you agree with the following statement? 'The quality of the information provided by employment tribunals on our case has been clear and easy to action.'
- To what extent do you agree with the following statement? 'The quality and provision of free advice in the area of employment tribunals is very poor.'
- To what extent do you agree with the following statement? 'Disaffected ex-employees use the employment tribunal process to their own advantage.'
Are you aware of the introduction of financial penalties imposed on organisation found to have breached an employee's rights?
Employment tribunals 2014: List of survey participants

Additional information

Date:: 25 November 2013
Source:: XpertHR Surveys
Participants:: 138

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Survey analysis

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