Tribunal statistics published show sharp decrease in Employment Tribunal claims

On 13 March 2014, the Ministry of Justice published the quarterly Employment Tribunal (ET) statistics for October to December 2013.

The figures show a dramatic decrease in the number of claims received by the ET - 79% fewer than the same period for 2012, and 75% fewer than the previous quarter (July to September 2013).

These statistics provide us with the first real insight into the effect the introduction of ET fees (which came into force on 29 July 2013) has had on the amount of ET claims being brought.

Whilst a decrease in the number of claims being brought can only be good news for employers, some critics of ET fees may argue that these figures demonstrate that access to justice has been restricted, as arguably many Claimants cannot now afford to bring a claim. As some readers may be aware, a recent Judicial Review challenge of ET fees by UNISON failed, with the High Court commenting that the challenge was somewhat “premature” at this stage, leaving the door open for further challenges, particularly if such a marked decrease in claims continues.

With less claims being brought in the ET, Claimants may look to less costly avenues for remedying employment claims.  One such avenue is Acas’ Early Conciliation service, which is due to come into force on 6 April 2014 and will be mandatory for all prospective claimants to attempt from 6 May 2014.

More information on early conciliation can be accessed via Acas’ website here: http://www.acas.org.uk/index.aspx?articleid=4028

For many employers and Claimants, this may be a far quicker and easier way to resolve disputes than the long, costly ET process.