Employment Tribunal Stats - Bargate Murray Solicitors

Posted by | September 13, 2011 | Uncategorized | No Comments

Employment Tribunals and EAT statistics 2010/2011

i9% rise in the number of claims disposed of by the Employment Tribunal

The Ministry of Justice has published the Employment Tribunals and EAT statistics for the period 1 April 2010 to 31 March 2011. The figures for Employment Tribunals (ET) show that there were 218,000 receipts (claims accepted) to Employment Tribunals between 1 April 2010 and 31 March 2011. This is an 8% fall in the number of claims received when compared with the previous year. However, the number of claims disposed of reached 122,800, representing a 9% increase when compared to 2009-10, and a 33% increase when compared to 2008-2009.  The figures also contain a footnote that there “may be a small undercount in ET disposals because of changes to computer systems during the year”.

Awards by jurisdiction

Below is a list of maximum and average awards by jurisdiction:

Maximum                               Average

Unfair dismissal                                   £181,754                                 £8,924

Race Discrimination                          £62,530                                   £12,108

Sex Discrimination                              £289,167                                 £13,911

Disability Discrimination                    £181,083                                 £14,137

Religious Discrimination                     £20,221                                   £8,515

Sexual orientation discrimination    £47,633                                   £11,671

Age Discrimination                             £144,100                                 £30,289

Costs Awarded in ET cases                £83,000                                   £2,830

*There is an amusing typo in the footnote to the costs section which states that “a costs award was mad [sic] of £11k but capped at £10k.”

Caseload Outstanding

At 31 March 2011 the caseload outstanding for the ET was 484,300 – an increase of around a fifth on the number at 31 March 2010. The vast majority of the outstanding claims (claims awaiting resolution) are multiple claims, including about 199,000 resubmitted Working Time Regulation claims.

Employment Appeal Tribunal

The Employment Appeal Tribunal (EAT) received 2,048 appeals and disposed of 2,001 compared to 1,968 and 1,848 in 2009-2010. These figures include pre and post hearing disposals.

Comment – Pressure on the Employment Tribunal System

The new statistics reiterate that the Employment Tribunal system is under increasing pressure and this strain is obvious to all employment law practitioners, especially Central London Employment Tribunal which is renting additional space within the Tribunal building on Kingsway to cope with demand. Some tribunal cases are overbooked (known as “floating”) in a similar way that airlines over book flight tickets; resulting in some listed cases being re arranged for an alternate date many weeks, or in some cases months, in the future – leading to an increase in the outstanding caseload. Where witnesses need to travel from overseas this can result in significant additional costs, inconvenience, and loss of management time.

Philip Henson, Partner and Head of Employment Law, Bargate Murray

About Quentin

In 2004, Quentin fulfilled a lifetime ambition when he set up his own law firm, Quentin Bargate & Co. In 2006, he was joined by his old friend and former colleague, Andrew Murray, and the firm changed its name to Bargate Murray. The firm has since enjoyed rapid expansion.Quentin is an advocate for alternative dispute resolution (ADR), but he also deals with cases in court when required. He occasionally sits as an arbitrator.Quentin handles high value superyacht transactions and advice to yacht managers, owners, builders and others in the industry. He is also responsible for managing the firm's highly regarded litigation and dispute resolution practice.Some recent cases handled by Quentin and his team:• Consolidated Contractors (Oil and Gas) Company SAL (acting by Mr. Lee Manning as receiver) v Canadian Nexen Petroleum Yemen & Others [2011] EWHC 837 (QB). . Cross border receivership litigation involving Yemeni, Lebanese and English law (amongst others), concerning the unprecedented attempt by an English court-appointed receiver to gain control of foreign assets located in the Middle East. The case eventually settled. • Gamit Ltd v Saudi Arabian Airlines Corp & Anor [2011] EWHC 989. Successfully defending the maintenance division of a jet engine manufacturer in a dispute over title to replacement jet engine parts. • Madoff Securities International Ltd (In liquidation) v Raven & Ors [2013] EWHC 3147. Defending a director allegedly involved in a global Ponzi scheme in litigation brought by the liquidator of an English Company. • Street v Larkins [2013] EWHC 1408 (Ch). Representing the Defendants in their successful defence of an interim application for a freezing injunction and the Defendants successful application for wasted costs. The Defendants were awarded their wasted costs on the basis of the Claimants’ unreasonable refusal to consent to an adjournment of the trial date. Claimants’ application for freezing injunction was dismissed on the grounds of failing to establish a “good arguable” case during the trial window. • Successfully litigating and eventually settling on favourable terms a highly complex and fractious corporate dispute between shareholders, where the majority shareholders sought to exclude our clients from their share of the profits in a real estate investment vehicle by devising elaborate commercial structures across a number of European jurisdictions. The settlement included payment to our clients of a substantial cash sfunds by our clients and agreement on the part of the Defendants to pay indemnity costs. • Successfully settling a professional negligence action brought by a high net worth individual with considerable real estate investments which were exposed by the repeated failures of a renowned top 20 law firm.His other interests include photography (Elsevier has published a technical book. "Microstock Photography" written by Quentin under his "Douglas Freer" pen name on stock photography), music and his family.

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