Employment Tribunal Statistics 2008/9

Employment Tribunal statistics show that overall employment tribunal claims decreased in 2008/9 down to 151,028 from 189,303 in 2007/8.  Most of these claims were on more than one jurisdiction, for example, a claim for unfair dismissal and racial discrimination is two jurisdictions, as the average number of jurisdictions per claim was 1.8.

According to the statistics for 2008/9 (the latest available), the main increases were in:-

•         Redundancy pay (up 48%)

•         Breach of Contract (up 31%)

•         Unfair Dismissal (up 29%)

•         Redundancy failure to inform and consult (up 28%)

There were also increases in:-

•         Disability discrimination

•         Racial discrimination

•         Age discrimination

•         Pregnancy-related discrimination

•         Written pay statement

•         Written statement of reasons for dismissal

•         Discrimination on grounds of religion or belief

•         Discrimination on grounds of sexual orientation

•         National minimum wage

The main decreases were in:-

•         Working Time Directive (down 56%)

•         Equal Pay (down 27%)

•         Sex discrimination (down 31%)

In the current economic climate it is not surprising to see an increase in redundancy-related and unfair dismissal employment tribunal claims.  Despite difficult circumstances, employers should still consult employees properly and provide clarity on redundancy pay.  Redundancy selection processes should be fair and transparent too.  An employee unfairly selected for redundancy may be able to bring an unfair dismissal claim.

Economic circumstances too have forced many employers to reconsider employment contracts and bring in flexible or short time working as alternatives to redundancies.  These alternative approaches may be responsible for the increase in breach of contract claims and the decease in Working Time Directive claims.

It is disappointing to see an increase in pregnancy-related discrimination.  Female employees should not suffer a detriment or feel forced to leave their jobs simply because they are pregnant or taking maternity leave.  Employees who are pregnant can be selected for redundancy, providing the reason for redundancy is not related to their pregnancy or maternity leave.  Employees on maternity leave should be offered any suitable alternative vacancies and fully included in the consultation process.

If you have a problem at work or think you are being discriminated against, please contact either Ashley Hunt, Vaishali Thakerar or Carrie-Ann Randall on 0116 212 1000 now or complete one of the on-line forms.