Tribunal statistics show dramatic fall in employment claims

The number of claims received in employment tribunals in the last quarter of 2013 was down 79% on the same period the year before, the latest statistics have shown.

The figure – at 9,801 – was also 75% lower than for July to September 2013.

The UNISON union, which last month lost a High Court judicial review challenge to the new Employment Tribunal fees regime, called the figures “shocking”.

Dave Prentis, the union’s General Secretary, said: “The figures out today are shocking and the disastrous impact of tribunal fees is now blatantly obvious. The introduction of fees was unfair and they should be dropped, which is what we hope to argue in the Court of Appeal.

"Money should never be a barrier to justice, so it is deeply disturbing that this is exactly what is happening for thousands of workers since the fees were introduced. “

Prentis added: “UNISON warned all along that tribunal fees would deny workers access to justice and these claims are being borne out already."

UNISON argues, in particular, that the fees have a disproportionate impact on women.

In the High Court, the union argued, amongst other things, that the requirement to pay fees as a condition of access to the Employment Tribunal and the Employment Appeal Tribunal violated the principle of effectiveness since it would make it virtually impossible, or excessively difficult, to exercise rights conferred by EU law.

It also alleged a violation of the principle of equivalence and a breach of the public sector equality duty.

But in Unison, R (on the application of) v Lord Chancellor & Anor [2014] EWHC 218 the court (Lord Justice Moses and Mr Justice Irwin) rejected the challenge, in part because the judges considered it to be premature.

The Tribunal Statistics revealed that HMCTS tribunals recorded 132,000 receipts in the period October to December 2013. This was 40% lower than the same period in 2012 and the lowest since the statistical series began in 2008/09.

The fall was driven by reductions in social security and child support claims as well as employment cases, the report said.

The number of appeals against decisions made by the Department for Work & Pensions (Social Security and Child Support is the largest tribunal jurisdiction) was down 39% on the same period in 2012.