Employment tribunals dramatically rise

Blackhurst Budd LLP has dealt with high numbers of tribunal claims in recent months and this is reflected nationally. The latest Tribunal Service figures reveal that in the past two years claims have risen by 44%.

David Aird, employment law specialist and head of the Dispute Resolution team at Blackhurst Budd said: “The increase is considered to be due to a combination factors. The recession has created a high level of redundancies which in turn has led to an increase in tribunal claims where dismissals are challenged or procedures are carried out incorrectly.”

Claims which are particularly on the rise are those for age discrimination, which have risen by 32 per cent in 2010.

The government is in consultation on how to remedy this recent claims surge and has announced that they will set a fee for people who want to make a tribunal claim, which they will only get back once they have won the case. The government also plans to double to two years the amount of time someone must be employed before they can pursue an unfair dismissal claim.

According to Mr Aird this could limit access to justice, he said: “Increasing the work qualifying period from one to two years is a potentially rash measure which could diminish access to justice for the general public. A more considered method of curtailing Tribunal litigation would be a rigorous vetting of claims following their initial acceptance by the court tribunal. This would mean that only claims with merit get progressed onwards and would free up resources in the tribunal system.”

Mr Aird believes the rise should be taken as a warning to both the Tribunal System and to employers.

He said: “The Tribunal system appears to be straining under the current level of claims and needs to be less reluctant in regularly utilising its case management powers, and not processing claims which don’t have merit."

“Employers also need to take this rise in tribunals as a warning and ensure they have proper consultation processes and procedures in place to protect themselves from legal action.”

Figures awarded for unfair dismissal can range from a few thousand to the tens of thousands. On average compensation awards for unfair dismissal are around £8,000.