Employment tribunal statistics
Despite an overall drop in the number of claims from 1 April 2008 to 31 March
2009, the statistics reveal that claim numbers remain high at 151,000 and the
majority of claim types rose in that period.
There was in particular a significant hike in the number of unfair dismissal
claims to 52,711 - an increase of 29 per cent on the previous year.
Tribunal awards too have increased in most categories of claim in the last 12
months, with awards in sexual orientation discrimination claims and sex discrimination
claims showing the most notable rises of 86 per cent and 26 per cent respectively.
Summary of the key findings
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The largest single category of claim was unfair dismissal at almost 20 per cent
of all claims, closely followed by claims for equal pay and then unpaid wages
and breach of contract.
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Along with the sharp rise in unfair dismissal complaints, claims for redundancy
pay rose from 7,313 to 10,839 and for failure to inform and consult over redundancy,
from 4,480 to 11,371.
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Although sex discrimination claims have shown a significant drop of 30 per cent in
the last year, down to 18,637, most other claims alleging discrimination have
continued to rise. Race discrimination claims and religion or belief discrimination
claims have risen by 20 per cent and 17 per cent respectively (to 4,983 and 832
respectively), disability discrimination claims rose by 13 per cent (to 6,578),
age discrimination claims by a huge 30 per cent (to 3,801), whilst claims alleging
discrimination on the grounds of sexual orientation have remained slightly more
static, revealing a small increase of 3 per cent.
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For the first time in four years, equal pay disputes have reduced in number.
These claims now account for 17 per cent of all claims, a reduction on last year
but nonetheless placing them just behind unfair dismissal as the most common cause
of complaint.
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Whilst the average award of costs in tribunal cases showed a slight rise, in
five cases last year the tribunal once more showed itself willing to make awards
of £10,000 or more, on two occasions to claimants.
Comment
Perhaps predictably, an analysis of the statistics indicates that a large percentage
of the claims are redundancy related, tying in to the overall economic environment.
In more buoyant times claimants may be able to secure alternative work more quickly
and hence feel less driven to seek financial recompense for the loss of their
job. When jobs are few and far between, individuals are likely to feel that they
need to pursue any avenue available to give them a degree of financial security.
Against this backdrop, employers are more than ever encouraged to take advice
before undertaking dismissals and need to be open-minded about looking at their
options as regards settlement if a claim is lodged as the management time alone
of defending employment tribunal proceedings is considerable and businesses have
more urgent (and profitable) priorities to attend to.