Working Time Directive Claims grow
The end of last month saw the Tribunal Service publish their annual statistics for 2009/10. Brendan Wincott, mhl’s Employment Law Compliance Officer, summarises some of the most pertinent points highlighted by these latest statistics.
Brendan explained “the most notable statistic is one which demonstrates that the total number of claims brought to the Employment Tribunal last year was up by a staggering 47% on the previous year, bringing the total claims for last year up to 392,700.” For those who wish to obtain a copy of the entire statistics, a copy is available from the Tribunal Service website.
When asked if all these claims will have proceeded to a full hearing, Brendan explained “fortunately most of these claims will not have made it to a complete hearing as most claims will get settled before they do. There were only 19% of all claims last year that made it to full hearing. This then left 32% of claims withdrawn along with 31% of claims being settled through ACAS.”
However, Brendan further explained that “of the claims withdrawn, it is likely a number of these claims were only withdrawn following successful negotiations for settlement, which were not conducted through ACAS.” When we asked Brendan if there was any particular area where claims were higher, Brendan explained that “the greatest area of increase appears to be claims brought under the Working Time Regulations 1998 (as amended). Claims in this area have seen a 296% increase on the previous year, with the total claims being presented now reaching an astonishing 95,200. This makes it the most popular area for claims this year, against last year’s fashionable areas which saw unfair dismissal and equal pay as the most popular types of claims.”
Brendan also commented that “the number of unfair dismissal claims have however, still increased, just not to the extent that we have seen in the area of working time. Unfair dismissal claims are up on last year, but only by 8.9% to a total of 57,400 claims.”
As the statistics show, times are getting more and more litigious in the employment context year on year. It is therefore even more important for employers to ensure that they are adequately prepared for the likelihood that they might be challenged to an employment tribunal this year.
mhl support help employers avoid the risks of Employment Tribunal claims by providing expert HR Consultancy and Employment Law guidance. This service is underpinned by a comprehensive indemnity, which will protect from the unpredictable costs incurred when resolving claims, including both legal representation and tribunal awards.
For those employers who are interesting in receiving more information about the services mhl support provide, please call Katy Vaughan today on 08453 100 600.
