Tribunal claims down but employers ‘still vulnerable’

Figures released by the Ministry of Justice and HM Courts & Tribunal Service show an 8% drop in tribunals for the year to 31 March 2011. Each claim can contain a number of grounds, known as jurisdictional complaints. The number of jurisdictional complaints for the year 2010-11 was 382,400 – or 1.75 per case – slightly lower than the previous year, but up 43% on 2008-09. The largest number (39%) related to unfair dismissal, breach of contract and redundancy, while 16% were for unauthorised deductions and 11% for equal pay. Employment law specialist Bibby Consulting & Support has warned that many businesses are leaving themselves exposed to claims because their managers are not engaging with workers and not complying fully with legislation. Michael Slade, managing director of Bibby Consulting & Support, said: "It is good news that the overall number of claims has gone down, but it is very worrying indeed that there has been a major increase in complaints relating to part-time working and age discrimination. "On closer examination of the age discrimination awards the figures are staggering. While the average awards made for race, sexual orientation, sex, or disability discrimination run at £11,551, the average award for discriminating based on age was £30,200, almost three times the average of all other claims. Clearly, this should be a major watch point for employers who should review their current policies and levels of staff training and competence to ensure they are not left vulnerable to such claims." Slade also pointed to the fact that a third of claims are withdrawn before they get to tribunal — perhaps because many have little substance. Employers should be asking themselves why individuals do this and how the problem can be tackled, he added. Even if claims are withdrawn, managers have still had to invest time and effort in preparation for the case. "Companies need to get much closer to their staff," he said. " They need to have a process in place which enables employees to air their grievances without feeling the need to take legal action."