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Equal pay claims push Employment Tribunal cases up by 15%

OUT-LAW News, 04/09/2007

The number of cases brought to employment tribunals in Great Britain rose by 15% over the last year, according to new figures. The Tribunals Service said the biggest reason for the surge was a big increase in equal pay claims, up 155% year-on-year.

Free OUT-LAW Breakfast Seminars, UK-wide. 1:The new regime for prize draws and competitions. 2:How to monitor staff legallyThe figures also showed that the number of cases disposed of during 2006–07 also rose, by 19%, from 86,083 to 102,597. The total number of cases brought to employment tribunals rose from 115,039 in 2005–06 to 132,577.

There was an increase of 26% in multiple cases – which is where a number of people bring cases against one employer on the same or very similar grounds and they are progressed together. Single cases saw a 3% rise in 2006–07.

Multiple cases now make up 60% of all cases received, compared to 55% last year and 36% in 2004–05.

Many cases involve more than one complaint. Of the 238,546 complaints lodged in 2006–07:

  • 18.7% of complaints (44,491) were for unfair dismissal;
  • 18.5% of complaints (44,013) were equal pay claims;
  • 14.6% of complaints (34,857) were about unauthorised deductions (formerly Wages Act);
  • 11.8% of complaints (28,153) were for sex discrimination (a large number of these were in conjunction with equal pay claims);
  • 11.4% of complaints (27,298) were for breach of contract;
  • 8.9% of complaints (21,127) were under the Working Time Directive;
  • 3.2% of complaints (7,602) were for redundancy pay;
  • 2.3% of complaints (5,533) were for disability discrimination;
  • 1.6% of complaints (3,780) were for race discrimination.

Among the remainder, 1,108 (0.5%) of complaints were made under TUPE Regulations for a failure to inform and consult, and 972 complaints (0.4%) were age discrimination claims.

The Tribunals Service said that with the exception of race discrimination, all showed an upwards trend, with equal pay showing the biggest rise.

Ben Doherty, an employment lawyer at Pinsent Masons, the law firm behind OUT-LAW.COM said: "The main reason for the increase in claims is the large number of equal pay claims that have been brought against public sector employers.

“The majority of those claims have been brought against local authorities and the NHS as a result of the introduction of Job Evaluation Schemes which are intended to remedy unequal pay between female and male employees.

“This litigation involves many employees of the same employer bringing broadly the same case and therefore also explains the 26% increase in multiple cases."

 

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