Rising Employment Tribunal backlog
Employment tribunal statistics have been published showing a further increase in the number of tribunal claims which remain outstanding. As at the end of September 2022 (quarter 2), there were 45,000 single cases outstanding (up from 43,000 as at the end of June 2022) and 448,000 multiple cases outstanding (up from 443,000 as at the end of June 2022). However, although number of single cases rose slightly for quarter 2, the number of multiple claims dropped by around 2,000, resulting in an overall decrease in new claims for quarter 2, compared to the first quarter.
The annual statistics showed the amount of compensation awarded in successful unfair dismissal claims is on the rise – with the maximum (£165,000), the mean (£13,541) and the median (£7,650) for 2021/22 all higher than the previous two years. However, there has also been an increase in the number of costs awards made by the Tribunal in 2021/22, compared to the number of awards made in the previous two years. A total of 184 costs awards were made – the highest of which exceeded £600,000. This is, however, clearly an outlier – with the mean being £8,818 and the median dropping even lower to £2,500.
The Employment Tribunal is clearly still struggling to clear the existing backlog of claims and, in the current economic, social and political climate, there is a significant risk of claims rising again. The Government has announced an investment of £2.85 million to allow up to 1,700 more cases to come before employment judges by the end of March 2023. Detail is, however, limited at this stage as to how this is intended to operate. For those who have tribunal cases at present, ongoing challenges seem likely.
You may be interested in...
Opinion
Autumn statement 2023 – key take outs for employers
Opinion
Collective bargaining rights
In Person Event
Mock Employment Tribunal
Legal Update
Failure to prevent fraud: how can my organisation prepare?
Opinion
Agency cover and strike action
Published Article
Infrastructure and social value in public contracts – making it concrete
Opinion
Overcoming barriers: Building leadership resilience in MATs
Opinion
Updates in equality – An overview of new regulations
Opinion
Minimum Service Levels and reasonable steps – consultation response
Legal Update
Holiday entitlement and pay: Reforms ahead
Legal Update
A positive duty to prevent sexual harassment
Press Release
Browne Jacobson advises Care Fertility Group on acquisition of CRGW
Legal Update
The FPPT framework – New Guidance and what NHS organisations need to know
Opinion
Bonus clawback provisions: Clear and reasonable
Opinion
Third party intervention did not break the chain of causation in whistleblowing detriment claim
Opinion
Holiday pay claims: A series of deductions
Opinion
Monitoring workers – ICO guidance
Press Release
Browne Jacobson strengthens employment team with key partner hire
Legal Update
Greater predictability over terms for workers
Guide
Transforming EDI practices in UK insurance
Opinion
Minimum service levels and reasonable steps
Opinion
New framework to support flexible working in the NHS
Opinion
Modern slavery in the care sector – how employers can manage risks
Legal Update
MHPS disciplinary processes: Dr’s application for interim injunction refused
Legal Update
Defending equal pay claims: Equal pay for equal work?
Opinion
£600m funding unveiled to boost social care workforce
Opinion
Government response to Pregnancy Loss Review recommends actions for NHS employers
Legal Update - Maternity services
The NHS Long Term Workforce Plan 2023
Opinion
Right to request flexible working – changes ahead for employers
Legal Update
Employment Healthcare Briefing - July 2023
Opinion
Are teacher strikes coming to an end?
Opinion
Further consultants strike announced following government pay offer
Opinion
Watering down workplace harassment proposals
Opinion
Agency worker cover during strikes
Press Release
Law firm advises on MBO of insolvency and restructuring firm Bridgewood backed by DSW Capital
Legal Update
Glass ceilings and workplaces
Opinion
EU standstill provisions maintained allowing the NHS to retain and employ healthcare workers
Legal Update
School leaders survey – the results are in!
Legal Update
Employment alternative dispute resolution
