Employment Tribunal statistics show a 165% increase in claims from the same quarter last year

The provisional Employment Tribunal statistics have been released for April – June 2018 and show, in particular, the following points of interest:

• claim receipts for single claims are up 165% on the same quarter last year, which was the final full quarter that fees were still in place
• 12,400 payments have been made back to claimants in respect of refunds of fees previously paid since the scheme opened in October 2017, totalling £10,615,000
• disability discrimination claims received the largest average disability award this quarter, of £30,700
• the most common claim this quarter was for unlawful deductions from wages (which may be in relation to large holiday pay claims)
• the average award for an unfair dismissal claim was £15,007.

What does this mean for employers?

1. Employers should be more cautious when taking action against staff than they were in the days of fees. Individuals are bringing more claims before the Tribunal and employers should ensure when taking action against their staff that they have considered the matter carefully, and have sufficient evidence of their intended next steps
2. This does not just mean in relation to dismissal based action, but also action during the course of employment, such as considering reasonable adjustments for disabled employees, and ensuring that practices in relation to holiday pay are accurate
3. If employers receive a call from ACAS Early Conciliation it is always wise to consider what the other party is asking for. It may be that a matter can be resolved cheaply and swiftly, without the need for protracted proceedings to ensue
4. It is worth bearing in mind the average levels of claims when settling matters, and taking a realistic view of what award might be achieved should the individual go to a final hearing.

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