We recently analysed Ministry of Justice (MOJ) data looking at employment tribunals across the UK going back over the last 5 years. In the name of business compliance, we wanted to find out what workers are most likely to take their employer to tribunal over – and the answers may surprise you!
The number one claim was in relation to The Working Time Directive, with frazzled and disgruntled employees claiming they are forced to work excessive long hours at detriment to their health and wellbeing and in breach of the law.
Under The Working Time Directive, a UK employee may not work more than 48 hours per week (on average; usually taken over a 17-week period) unless there are mitigating circumstances.
Unfortunately, in just one year (2019/2020), 26,498 employees felt they were overworked without due cause.
Looking at the data as a whole across a 5-year period the top five claims were:
- Working Time Directive (160,299 cases)
- Equal pay (115,359 cases)
- Unauthorised deductions (formerly wages act) (114,520 cases)
- Unfair dismissal (86,009 cases)
- Breach of contract (58,415 cases)
What does this mean?
Sadly, there has been a 25% increase in the total number of claims brought against employers. A statistic that seems to imply organisations still aren’t doing enough to comply with the law and protect their employees (not to mention themselves).
If we analyse the top claims over the last 5 years in terms of percentage increase (rather than how many cases filed), the jurisdictions most in hot water were largely discrimination-based:
- Sexual orientation discrimination (up 165%)
- Disability discrimination (up 133%)
- Religion or belief discrimination (up 130%)
- Written pay statement (up 109%)
- Public interest disclosure (up 98%)
Although, there is some good news: the number of age discrimination cases has fallen by 80% over the same 5 year period and dropped by 3% in 2019/2020 compared to the previous year – a great trend to see across Britain!
Successful hearings
Naturally, not all claims filed are successful at tribunal. However, if we look closely at the number of disposed cases (completed cases) by outcome, the claim with the highest success rate was redundancy cases – where employers have failed to properly inform and consult redundant employees.
Almost half of all cases in this category are successful (48%) and affected employees are often awarded compensation in the thousands of pounds.
Further Analysis
Over the last 5 years, equal pay claims have increased by 181% and sex discrimination claims by 15%. Unauthorised deductions cases (where an employee has been unpaid or underpaid wages) increased by 114%.
It’s not all bad news though. It’s good to see that last year a third of discrimination cases related to age, disability, or pregnancy were resolved through an ACAS conciliated settlement – a process usually involving mediation and eventual agreement between employer/employee.
As ever, prioritising your employees’ wellbeing and treating them with fairness, dignity, and respect – in line with The Equality Act 2010 – is the best way to avoid employment tribunals as a business, as is following clear and transparent processes designed to treat everyone consistently.
It’s important, as business owners, to train managers and team-leaders in your organisation to handle these processes fairly and to deal with grievances in a reasonable and respectful manner, always in line with basic employment law.
Don’t neglect to regularly update employees in positions of trust with information about your statutory and contractual requirements as a business – this empowers them to speak up in everyone’s best interest.
Below you’ll find full data on the number and type of jurisdictional complaint, as well as data arranged by outcome:
Number and type of jurisdictional complaint
Total (2015/2016-2019/2020): 729,627
Age Discrimination
Total (2015/2016-2019/2020): 31,935
Year on year change: -3.41%
5 year change: -80.94%
Breach of contract
Total (2015/2016-2019/2020): 58,415
Year on year change: +3.78%
5 year change: +59.25%
Disability discrimination
Total (2015/2016-2019/2020): 27,754
Year on year change: +16.98%
5 year change: +133.26%
Equal pay
Total (2015/2016-2019/2020): 115,359
Year on year change: -11.50%
5 year change: +43.83%
National minimum wage
Total (2015/2016-2019/2020): 1,476
Year on year change: -14%
5 year change: +25.94%
Part-time workers regulations
Total (2015/2016-2019/2020): 1,543
Year on year change: +3.65%
5 year change: +45.12%
Public interest disclosure
Total (2015/2016-2019/2020): 10,465
Year on year change: +6.89%
5 year change: +98.43%
Race discrimination
Total (2015/2016-2019/2020): 14,719
Year on year change: +8.58%
5 year change: +94.66%
Redundancy – failure to inform and consult
Total (2015/2016-2019/2020): 23,329
Year on year change: +25.15%
5 year change: +73.32%
Redundancy pay
Total (2015/2016-2019/2020): 22,479
Year on year change: +18.39%
5 year change: +66.51%
Religion or belief discrimination
Total (2015/2016-2019/2020): 2,931
Year on year change: +4.12%
5 year change: +130.59%
Sex discrimination
Total (2015/2016-2019/2020): 35,363
Year on year change: -34.31%
5 year change: +15.11%
Sexual orientation discrimination
Total (2015/2016-2019/2020): 1,661
Year on year change: 8.24%
5 year change: 165.43%
Suffer a detriment / unfair dismissal – pregnancy
Total (2015/2016-2019/2020): 6,522
Year on year change: -10.61%
5 year change: +87.05%
Transfer of an undertaking – failure to inform and consult
Total (2015/2016-2019/2020): 3,624
Year on year change: -29.91%
5 year change: -11.81%
Unauthorised deductions (formerly Wages Act)
Total (2015/2016-2019/2020): 114,520
Year on year change: -0.26%
5 year change: -38.22%
Unfair dismissal
Total (2015/2016-2019/2020): 86,009
Year on year change: -1.06%
5 year change: +60.60%
Working Time Directive
Total (2015/2016-2019/2020): 160,299
Year on year change: -46.71%
5 year change: -28.02%
Written pay statement
Total (2015/2016-2019/2020): 4,145
Year on year change: -64.86%
5 year change: +109.60%
Written statement of reasons for dismissal
Total (2015/2016-2019/2020): 1,200
Year on year change: +57.40%
5 year change: 67.14%
Written statement of terms and conditions
Total (2015/2016-2019/2020): 5,879
Year on year change: -10.87%
5 year change: +23.46%
Type of jurisdiction by outcome
(ACAS Conciliated Settlements, success at hearing and unsuccessful at hearing)
Please note these are disposed (completed) cases and are not the only potential outcomes
Total (2015/2016-2019/2020): 482,741
Age discrimination
Year on year change:
ACAS Conciliated Settlements: +83.86%
Success at hearing: +59.74%
Unsuccessful at hearing: +29.39%
5 year change:
ACAS Conciliated Settlements: +10.07%
Success at hearing: -6.30%
Unsuccessful at hearing: -53.82%
Breach of contract
Year on year change:
ACAS Conciliated Settlements: -14.29%
Success at hearing: -10.21%
Unsuccessful at hearing: -15.40%
5 year change:
ACAS Conciliated Settlements: -17.52%
Success at hearing: +8.28%
Unsuccessful at hearing: -6.50%
Disability discrimination
Year on year change:
ACAS Conciliated Settlements: -9.30%
Success at hearing: +22.06%
Unsuccessful at hearing: -3.43%
5 year change:
ACAS Conciliated Settlements: -22.62%
Success at hearing: -31.24%
Unsuccessful at hearing: -30.90%
Equal pay
Year on year change:
ACAS Conciliated Settlements: -52.87%
Success at hearing: +440.95%
Unsuccessful at hearing: -88.17%
5 year change:
ACAS Conciliated Settlements: -90.93%
Success at hearing: +181.47%
Unsuccessful at hearing: +204.23%
National minimum wage
Year on year change:
ACAS Conciliated Settlements: +5.59%
Success at hearing: -18.66%
Unsuccessful at hearing: +16.68%
5 year change:
ACAS Conciliated Settlements: -28.01%
Success at hearing: +1.47%
Unsuccessful at hearing: +101.25%
Part-time workers regulations
Year on year change:
ACAS Conciliated Settlements: -33.80%
Success at hearing: -50.63%
Unsuccessful at hearing: +54.74%
5 year change:
ACAS Conciliated Settlements: -45.05%
Success at hearing: -50.51%
Unsuccessful at hearing: -63.36%
Public interest disclosure
Year on year change:
ACAS Conciliated Settlements: -12.07%
Success at hearing: +14.12%
Unsuccessful at hearing: -11.07%
5 year change:
ACAS Conciliated Settlements: -19.68%
Success at hearing: -31.95%
Unsuccessful at hearing: -34.09%
Race discrimination
Year on year change:
ACAS Conciliated Settlements: -8.40%
Success at hearing: -16.42%
Unsuccessful at hearing: -4.48%
5 year change:
ACAS Conciliated Settlements: -15.93%
Success at hearing: -43.43%
Unsuccessful at hearing: -32.07%
Redundancy – failure to inform and consult
Year on year change:
ACAS Conciliated Settlements: +32.46%
Success at hearing: +24.03%
Unsuccessful at hearing: +58.26%
5 year change:
ACAS Conciliated Settlements: -64.57%
Success at hearing: -20.09%
Unsuccessful at hearing: -18.64%
Redundancy pay
Year on year change:
ACAS Conciliated Settlements: -26.78%
Success at hearing: -25.44%
Unsuccessful at hearing: -37.11%
5 year change:
ACAS Conciliated Settlements: -29.39%
Success at hearing: +10.28%
Unsuccessful at hearing: -11.56%
Religion/belief discrimination
Year on year change:
ACAS Conciliated Settlements: +18.85%
Success at hearing: +12.19%
Unsuccessful at hearing: +32.22%
5 year change:
ACAS Conciliated Settlements: +88.36%
Success at hearing: -29.22%
Unsuccessful at hearing: -24.65%
Sex discrimination
Year on year change:
ACAS Conciliated Settlements: -9.74%
Success at hearing: +39.51%
Unsuccessful at hearing: -16.72%
5 year change:
ACAS Conciliated Settlements: -8.91%
Success at hearing: -150.28%
Unsuccessful at hearing: +116.25%
Sexual orientation discrimination
Year on year change:
ACAS Conciliated Settlements: -8.33%
Success at hearing: +29.98%
Unsuccessful at hearing: +14.47%
5 year change:
ACAS Conciliated Settlements: -24.07%
Success at hearing: -52.03%
Unsuccessful at hearing: -18.67%
Suffer a Detriment/Unfair Dismissal – Pregnancy
Year on year change:
ACAS Conciliated Settlements: -5.26%
Success at hearing: +3.26%
Unsuccessful at hearing: +21.02%
5 year change:
ACAS Conciliated Settlements: -20.36%
Success at hearing: -20.47%
Unsuccessful at hearing: -24.85%
Transfer of an undertaking – failure to inform and consult
Year on year change:
ACAS Conciliated Settlements: -4.71%
Success at hearing: +166.28%
Unsuccessful at hearing: -58.16%
5 year change:
ACAS Conciliated Settlements: -46.50%
Success at hearing: +41.54%
Unsuccessful at hearing: -38.35%
Unauthorised deductions
Year on year change:
ACAS Conciliated Settlements: -21.62%
Success at hearing: -7.75%
Unsuccessful at hearing: -3.16%
5 year change:
ACAS Conciliated Settlements: -25.12%
Success at hearing: +114.89%
Unsuccessful at hearing: -28.35%
Unfair dismissal
Year on year change:
ACAS Conciliated Settlements: -5.68%
Success at hearing: +1.69%
Unsuccessful at hearing: -11.85%
5 year change:
ACAS Conciliated Settlements: -38.49%
Success at hearing: +2.61%
Unsuccessful at hearing: -21.62%
Working time directive
Year on year change:
ACAS Conciliated Settlements: -19.30%
Success at hearing: -13.50%
Unsuccessful at hearing: -23.43%
5 year change:
ACAS Conciliated Settlements: -10.16%
Success at hearing: +52.94%
Unsuccessful at hearing: -1.91%
Written pay statement
Year on year change:
ACAS Conciliated Settlements: -18.62%
Success at hearing: -7.06%
Unsuccessful at hearing: +31.48%
5 year change:
ACAS Conciliated Settlements: -47.81%
Success at hearing: +26.22%
Unsuccessful at hearing: -8.15%
Written statement of reasons for dismissal
Year on year change:
ACAS Conciliated Settlements: -54.60%
Success at hearing: +18.03%
Unsuccessful at hearing: -45.26%
5 year change:
ACAS Conciliated Settlements: -59.10%
Success at hearing: -34.74%
Unsuccessful at hearing: -39.76%
Written statement of terms and conditions
Year on year change:
ACAS Conciliated Settlements: -13.94%
Success at hearing: +45.30%
Unsuccessful at hearing: -17.17%
With thanks to Richard Nelson LLP for their expert guidance on this project.
