tribunal claims surging

Lawyers believe the number of cases will continue to increase over the next year as the impact of the coronavirus epidemic takes hold on UK businesses Experts are warning the rise is likely to continue if employers are not meticulous about redundancy processes, and are urging firms to avoid basic errors.

The Ministry of Justice said the rise was most likely due to the rise in unemployment and changes to working conditions caused by Covid-19.

The latest statistics from the Ministry of Justice (MoJ) reveal the number of single claims – where claims are made by an individual claimant – made between April and June this year was 10,318, an 18 per cent rise compared to the same three months of 2019, when this figure stood at 8,772.

It means the outstanding tribunal caseload has risen by 31% to a record 37,000 cases, higher than the previous peak in Q2 2009/10.

This was accompanied by a drop in claims being disposed of where the court issues a summary judgment without a full hearing. These fell to 4,496, down 21% compared to 5,695 the previous year.

In its quarterly report on tribunal statistics, the MoJ attributed the increase in claims to rising levels of unemployment because of “the impact of Covid-19 on the economy”, and said this was “the highest level of single employment tribunal claims since 2012/13”.

“This rise in employment receipts is likely to continue as the government’s job retention scheme comes to an end at the end of October,” the report said.

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In a bid to deal with demand, the report said The best way for employers to minimise the Nightingale courts – a similar premise to the risk of a claim was to take advice at an early Nightingale hospitals set up to cope with stage, Gregory said: “It may cost initially, but Covid-19 patients – had been set up to “add it could save you a lot of time and money temporary capacity” and the use of audio down the line.” and video technology increased, “enabling judges to conduct remote hearings to a far Glenn Hayes, employment partner at Irwin greater degree”. Mitchell, said he also expected the number advo hr’s Jessica Hall outlined the situation rush to cut costs, are making “basic errors in facing employers. “With the number of their redundancy programmes such as not tribunal cases rising, it is possible that going through a fair procedure”, while others some cases may not be heard until 2022. are “getting rid of older staff which is directly An Employment Judge will not see the discriminatory,” he said. Coronavirus pandemic as a valid excuse for businesses to mistreat employees or to “Companies should be aware that they are behave in an unfair manner, especially with at risk of tribunal claims if they attempt to cases being heard when hopefully this period use redundancies as a cloak for breaching of time will be a distant memory. There is employment rights.”The rise in claims is little excuse for employers choosing not to “concerning”, added Rachel Suff, senior follow fair and consistent procedures. We policy advisor for the CIPD. urge those going through any HR change to seek advice and guidance to ensure “The current crisis means there’s significant that employers do not fall foul of their potential for conflict in workplaces, and obligations.” employers and HR need to consult and However, some employment lawyers have support them through these challenging warned that the number of cases brought times,” she said. to tribunal is set to increase further, putting the tribunal system under more strain. Claims advo hr manager, Alison Gill, sums up the were likely to “skyrocket if employers [were] problem facing employers “The downturn not meticulous in how they managed in the economy has led to some businesses the redundancy process,” warned Ranjit making redundancies, implementing Dhindsa, head of employment at Fieldfisher. restructures and changing their employee’s “Some employers are automatically regards to pay and benefits, hours and making furloughed employees redundant, working arrangements. but employees have been furloughed for numerous reasons, such as childcare All these changes require formal processes obligations or health concerns,” Dhindsa and some employers may not be aware of said. “This automatic move to redundancy all of the steps required by employment law. could trigger claims over discrimination.” This has resulted in an upsurge in the number Malcolm Gregory, partner at Royds Withy that the number of cases being brought to King, also warned the number of claims tribunal set to increase further.” could still increase further, with some currently “suppressed” as employees opted Alison adding “here at advo hr, we are able to “sit tight” during furlough. to help you to avoid the cost of getting “I think the number of claims is set to rise through the legalities and practicalities of significantly now and we will likely see a any changes to your business.” lot of claims relating to unfair redundancy, changing terms and conditions unlawfully If you feel your organisation needs more and contractual issues around pay and help in supporting your staff then advo hr benefits,” he said, expressing fears that can help. In the first instance email advohr@ a surge in cases “will soon overwhelm advogroup.co.uk to start a conversation. the system”. of claims to rise. Some employers, in their communicate with their employees to terms and conditions of employment in of claims at tribunals, with the prediction it wrong by supporting and guiding you