Dealing with employment tribunal claims

An employment tribunal is a court of law and considers employment-related claims including:

  • Unfair dismissal
  • Discrimination
  • Breach of contract
  • Unlawful deduction of wages

According to latest statistics around 200,000 claims are submitted each year. Unfair dismissal is one of the most common claims and of those proceeding to a hearing, around 40% of unfair dismissal claims are successful.

Awards are made up of a basic award, which is equivalent to statutory redundancy pay and a compensatory award, which takes in to account future loss.

Average awards for the period April 2012 to March 2013 were as follows:

Type of claim
Unfair dismissal
Sex discrimination
Disability discrimination
Race discrimination
Age discrimination

Award £

Since July 2013 claimants have been required to pay an application fee of between £160 and £250 and a hearing fee of between £230 and £950. People on benefits or low income may receive a discount or have the fee waived.

A fair proportion of claims never reach a tribunal hearing as the employer chooses to make what is called a “commercial settlement” to avoid rising legal fees and management time. The factors normally taken in to account when deciding on whether to pursue a commercial settlement are

  • Likelihood of success at the tribunal
  • Internal perception and precedent setting
  • External perception

Without professional support employers often spend a lot of management time and still fail to achieve a successful outcome.

E-mail to discuss how David can help you with his substantial knowledge and experience.

Case Study

Resolving an employment tribunal claim in the food services industry

The business owner had had a verbal confrontation with a member of staff outside of her home, which had resulted in the individual resigning her employment...

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