Employment Tribunals – summary of activity
Every three months, the Government publishes a summary of the activity within the Employment Tribunals system and, as always, the figures make interesting reading for employers. The data published for the period from January to March 2016 indicates that the number of single claims (claims by only one individual Claimant) received in the period was 4,168. This showed a decrease of 1% compared with the same period in 2015. Overall, there have been 16,986 single claims received in 2015/16, an increase of 3% on 2014/15.
Single claims stats
The trend in single claims had gradually declined from 2009/10 until the middle of 2013/14. At this time, there was a very sharp drop in the third quarter of 2013/14 following the introduction of fees in July 2013 for Employment Tribunals. There then followed a small increase in single claims in the fourth quarter of 2013/14 which was then followed by a historically low number of claims in the early part of 2014/15. This coincided with the introduction of the mandatory Early Conciliation process, administered by the Advisory, Conciliation and Arbitration Service (ACAS). Early Conciliation is a process prospective claimants are required to engage with to potentially reach a settlement with the employer concerned before they are entitled to progress the matter to an Employment Tribunal.
Multiple claims stats
The number of multiple claims (claims involving more than one Claimant) received in January to March 2016 was 243. This total relates to 25,131 actual Claimants which provides an average of 103 Claimants per multiple case. This compares with January to March 2015 when there were 508 multiple claims cases with an average of 32 Claimants per case. This therefore reflects an increase of 56% on the same quarter last year.
The increase in the number of multiple claims is largely due to a large multiple claim brought against an airline that was received by the Tribunal service in January 2016. This claim primarily relates to the Working Time Directive and unauthorised deductions from wages.
A total of 66,046 multiple claimants made claims in 2015/16. This shows an increase of 47% compared with 2014/15. This increase has been driven by a number of pension and equal pay/holiday pay related claims which are related to the introduction of new case law judgments in these areas of law.
The trend in multiple claims is naturally more volatile than single claims due to the emergence of a large number of claims against a single employer which can skew the overall figures.
Fees for Employment Tribunals were introduced in July 2013
The Government’s attempt to reduce the huge number of Tribunal cases passing through the system really gathered pace when fees for Employment Tribunals became payable for all claims submitted on or after 29 July 2013. From this date, all claimants were required to pay two separate fees to HM Courts and Tribunal Service. The first fee payment is made to enable the individual or group of individuals to issue a claim in the first instance. The payment of the second fee enables the claimant(s) to have that claim heard by an Employment Tribunal at a formal hearing.
The levels of fee payable vary according to the nature of the claim. Although employers (Respondents) may also be required to pay fees for a number of counter applications they may wish to make, these are far less common. Tribunal claims have been separated into two distinct types, Type A and Type B, each of which attracts a different fee.
- ‘Type A’ claims are classed as being more straightforward, and attract a lower fee. These include claims relating to unpaid wages, payments in lieu of notice and redundancy payments.
- ‘Type B’ claims involve more complicated issues, and attract a higher fee. These types of claim include those involving unfair dismissal or discrimination complaints.
When a claim (either single or multiple) has more than one jurisdictional component and at least one of the complaints is a Type B issue, the Type B fee becomes payable. The current fees payable are as follows:
Single issue cases Type A Type B
Issue Fee £160 £250
Hearing Fee £230 £950
Multiple Issue cases Type A Type B
Issue Fee
For 2-10 claimants £320 £500
10 – 200 claimants £640 £1000
Over 200 claimants £960 £1500
Hearing Fee
From 2-10 claimants £460 £1900
10 – 200 claimants £920 £3800
Over 200 claimants £1380 £5700
The importance of making the correct decisions in relation to potential disciplinary matters and other types of dismissals, including redundancy, is therefore as important as ever. If you require any advice or practical assistance in handling these types of situations, or in successfully disposing of Early Conciliation matters or full Employment Tribunal claims, contact Qdos HR now. See also how Qdos can help you with HR outsourcing.
More information on being taken to an employment tribunal can be seen on the gov.uk site here
