Survey of Employment Tribunal Applications

11 June 2014

The first Government survey for five years of applications to Employment Tribunals shows some interesting trends

BIS has published its survey of applications. We are grateful to Daniel Barnett for the following brief analysis:

Coming in at a whopping 280 pages, this is the first such survey in five years. About 2,000 employees and 2,000 employers were interviewed for the survey. Here are some of the key findings:-

· 79% of small employers had not been involved with a tribunal claim over the last two years

· although the employees surveyed issued their claims before fees were introduced, 49% said that paying an issue fee would have influenced their decision to issue proceedings (mainly those with lower salaries or unlawful deductions claims)

· 67% of employers use a representative at the hearing, whereas only 33% of Claimants use a representative

· 79% of cases in which an offer was made resulted in settlement. The opening offer was made by the employer (rather than employee) 61% of the time

· 17% of claims went to a full hearing (remember this is cases issued before fees were introduced)

· the median tribunal award was £3,000, and the median level of expected award (by Claimants) was £4,000

· 87% of employers said the award had been paid, whereas just 63% of Claimants said they had received the money of those who paid for legal or professional advice, the median amount paid was £3,000

· 72% of claims were against private sector employers (broadly similar to the 69% of people who work in the private sector).