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Employee claims rise for the second year running


The latest round of Employee Tribunal statistics has now been released – giving employers a full year picture to compare against the year prior.

Broadly speaking, the findings are as expected, with the overall claims trajectory continuing in much the same way as it has been since employee tribunal fees were abolished back in 2017. While this claims culture is understandably concerning for employers, it’s nothing new. These latest statistics mainly serve to remind employers of the importance of taking proactive steps to minimise the risk of claims.

Volume of claims

The bottom line is that Employment Tribunal claims are up 26% year on year:

  • There were 27,916 single claim receipts lodged between April 2017 to March 2018.
  • There were 35,429 single claim receipts lodged between April 2018 to March 2019.

Unfortunately for employers, we’re still feeling the effects of the Supreme Court’s decision to scrap Employment Tribunal fees back in 2017. With it now easier than ever for disgruntled employees to bring a claim, it’s hardly surprising that we’re seeing these kinds of figures.

That said, it’s now almost two years since fees were abolished, and some may have expected the situation to have levelled out by now.

Types of claims

Sex discrimination has seen the biggest rise in claim numbers, from 5,522 in FY18 to 9,336 in FY19 – an increase of 69%.

At first glance, this seems to suggest that the #MeToo movement may have gained real traction. However, in reality, this figure is skewed by the receipt of over 2,700 sex discrimination claims in the Scottish Tribunal in August 2018. Take that out and sex discrimination claims are actually up 20%.

Other types of claim where numbers have risen include:

  • Breach of contract, up 15.07%;
  • Race discrimination, up 17.75%;
  • Unfair dismissal, up 19.97%;
  • Disability discrimination, up 24.54%; and
  • Redundancy (failure to inform and consult), up 35.76%.

Claims for age discrimination, equal pay and part-time workers regulations are down.

Outcomes

A total of 93,817 claims were disposed of (completed) in FY19. 9,383 went to hearing.

Of those:

  • 8,445 claims were successful (won by the employee).
  • Only 938 claims were successfully defended by the employer, putting the employer national average win rate at just 10%.

This highlights the importance of receiving professional support in order to increase your chances of success.

Where we’re headed

There’s still no sign of the number of claims slowing down – and no indication that this will change any time soon. Fees were introduced in July 2013, and in the 12 months prior to this, 53,487 single claims were received. This means there’s still potential for a further for a further 50% increase in claim numbers if we’re headed back to the kinds of claim levels we saw in the original pre-fee era.


Ellis Whittam successfully defended 82% of claims in FY19, meaning you’re over eight times more likely to win a Tribunal claim if advised by our experts.

For trusted legal advice on any employment matter, contact Bira Legal on 0345 450 0937 or email bira@elliswhittam.com.

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