Data released from GQ Littler has found that on average it is taking eight months for Employment Tribunal claims to get to a hearing, and that there was almost a 30% increase in claims in 2018/19.
Employment Tribunal waiting times
The increase in Employment Tribunal waiting times is the fourth consecutive year that there has been a rise (an increase of 14% from the previous 12 month) and has been attributed to the abolition of Tribunal fees in July 2017, which has resulted in a steady incline in claims ever since. According to the data, the number of claims made was 35,430 in 2018/19 and 27,920 in 2017/18 – an increase of 27%.
Due to enforced Government funding limits the Employment Tribunals haven’t been able to employ any additional front line staff to deal with the rise in applications which has put a strain on the Employment Tribunal judicial system. In some extreme instances, some Employment Tribunal hearings are having to be scheduled for 2021 due to the increase in claims.
The Judicial Appointments Committee announced in 2018 that it would be adding over 50 new Judges to deal with the increase in Employment Tribunal claims, and according to the data, 27 Judges have so far been recruited.
The rise in claims has also impacted the Acas early conciliation service, which has seen a rise of 21% since the abolition of Tribunal fees.
Comment
All employers need to anticipate that they may at some time face litigation from their current or former employees, particularly now that there are no costs involved for employees and those that are out of work might feel that they have nothing to lose.
Three key steps to protect your organisation:
- Train managers on HR issues so they can manage with confidence and deal with issues without exposing the organisation to unnecessary risk.
- Get policies and procedures in place to deal with disciplinary issues, sickness absence and under performance.
- Keep a paper trail so you can prove what you did and when. Keep copies of letters, emails and texts. Take notes of meetings or discussions.
How Nelsons can help
We offer training sessions for managers and employers on employment law issues. We can also draft or review policies and procedures for staff.
Our annual subscription service, Emplus, provides employers with advice and guidance on issues as they arise as well as a review of employment documentation and access to template policies.
We can also represent employers in Employment Tribunal claims putting forward the best possible case for the employer taking in to account business, financial and reputational concerns.
Laura Kearsley is a Partner in our expert Employment Law team.
For further information or to comment on this article, please contact Laura or another member of the team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online form.