Recent government data has revealed a significant rise in Employment Tribunal (ET) cases, which poses implications for both employers and employees.
The statistics represent an increasing number of workplace disputes. Single Employment Tribunal cases have seen a substantial rise, with receipts and open cases increasing by 19% and 18% respectively in Q1 2024/25 compared to the previous year. Case disposals have decreased by 4% during the same period.
Multiple ET cases also show an upward trend, with receipts up by 8%, disposals increasing by 16%, and open cases rising by 17%. The total receipts reached 99,000 with disposals at 83,000 in Q1 2024/25.
For employers facing tribunal claims, it’s important to be aware of proper procedures and requirements. We recommend:
- Taking witness statements early to preserve accurate recollections
- Maintaining pressure on legal representatives to keep cases moving forward
- Considering settlement agreements for departing witnesses to ensure their continued cooperation in proceedings
A significant development that came into effect on 20 January 2025, has also given tribunals the power to adjust awards by up to 25% in ‘fire and rehire’ cases, based on compliance with the statutory Code of Practice on Dismissal and Re-engagement.
How to minimise the risk of tribunal claims
To minimise the risk of tribunal claims, employers should implement several key practices. It’s essential to maintain clear communication channels with employees and follow fair and consistent disciplinary procedures throughout the organisation.
Keeping detailed records of all employment-related decisions and discussions is crucial, as is seeking legal advice before implementing any significant employment changes.
If you need guidance navigating these challenging circumstances, our employment law experts are here to help ensure your interests are protected throughout the tribunal process.