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 £
10,127
10,552
16,320
8,945
8,079

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 david@cedargbltd.co.uk 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...

Read more >

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