Employment Tribunals Up 23%

09 April 2019

 

Since the UK Supreme Court abolished tribunal fees in July 2017 employment tribunal (ET) claims have continued to increase quarter on quarter.  The Ministry of Justice (MOJ) have recently published the latest figures for the quarter October 2018 to December 2018.

There has been an increase of 23% (9,811) of single ET claims when compared with the previous year’s quarter (2017). 

According to the MOJ the common complaint disposed of for this quarter was ‘unauthorised deduction’ of pay; whereas in the same quarter in 2017 it was ‘unfair dismissal’

Employment Tribunal Fee Refunds

The ET fee refunds scheme was introduced in October 2017 and since its launch 21,800 applications were made and a total of 21,300 applicants received refunds to the tune of £16,950,000!

According to the MOJ in the quarter 1st October 2018 and 31st December 2018, 337 refund applications were received and 1,300 refund payments were made with a total value of £1,123,300.

Average Employment Tribunal Awards

The highest tribunal awards for 2017/2018 were:

unfair dismissal: £415,227

race discrimination: £124,979

sex discrimination: £36,616

disability discrimination: £242,130

religious discrimination: £6,846

sexual orientation discrimination: £24,100

Injury to Feeling Awards

The Presidents of the Employment Tribunals (England & Wales) and (Scotland) have issued further guidance on awards for injury to feelings in discrimination cases.  They were last updated in September 2017.

The old rates were as follows:

  • £900 to £8,600 (lower band);
  • £8,600 to £25,700 (middle band); and
  • £25,700 to £42,900 (upper band).

The new rates will apply to all case presented on or after 6 April 2019:

The new rates:

  • a lower band of £900 to £8,800 (less serious cases)
  • a middle band of £8,800 to £26,300 (cases that do not merit an award in the upper band), and
  • an upper band of £26,300 to £44,000 (the most serious cases), with the most exceptional cases capable of exceeding £44,000

Given the rapid increase in the amount of complaints to Employment Tribunals employers need to ensure now more than ever that their policies and procedures are legally compliant and making sure that the correct procedures are followed through with having regards to current legislation. 

Employers need to consider not only the legal fees and the risk of being unsuccessful in litigation but also the management and HR time spent in defending claims which can be very costly!

We can provide you with the type of support/advice that your business needs to minimise or indeed prevent your business from the perils of the minefield that is employment law. Call us today for a quote tailored to your business needs.

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Jatinder Tara

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Jatinder is qualified non-practising Solicitor, he has over 22 years advisory experience in Employment law, HR matters and Employment Tribunal litigation. He manages the legal and HR advice line team ensuring the delivery of advice is effective verbally and in correspondence. He has experience in training and coaching work colleagues in all aspects of legal and employment matters. With his sound understanding of issues arising with in the workplace environment, Jatinder aims to deliver clear and concise client focussed advice.

Anoop Sodhi

HR Employment Relations Advisor

Anoop is an experienced HR Advisor and is part of the Telephone Advice Line Team. Anoop has worked in both the public and private sector, providing Employment Law advice ranging from grievances, disciplinaries, performance management, attendance management and mediation. Anoop is a trained mediator and provides down to earth, pragmatic, commercial advice. Outside of work, Anoop actively participates as a CIPD Board Member of East Midlands.

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