Insights

Tribunals Judiciary – Employment Tribunals Data

Clifford McDowell

Employment Tribunals Data is published by the Employment Tribunals who are specialist judicial bodies which decide disputes in a particular area of law. Most tribunal jurisdictions are part of a structure created by the Courts and Enforcement Act 2007.

Tribunals decide a wide range of cases including claims against employers. In total they hear about a million cases each year, more than any other part of the justice system. The geographical jurisdiction of tribunals varies – some extend to Scotland and/or Northern Ireland, as well as England and Wales.

The Employment Tribunals receive appeals from individuals who want to resolve a dispute with their employer. The most common disputes tend to be concerned with:

  • Unfair dismissal
  • Discrimination
  • Unfair deductions from pay

An Employment Tribunal will hear claims brought within three months for incidents related to statutory breaches. The statutory breaches are defined in law under several acts as listed below.

Incidents related to the Employment Rights Act 1996, covering:

  • Unfair dismissal
  • Unlawful wage deductions or required payments to employers
  • Disputes regarding contracts of employment
  • Disputes related to pay statements
  • Breaches of the National Minimum Wage
  • Disputes regarding time off for public duty such as jury service
  • Maternity, paternity, and adoption issues relating to leave and pay

Breaches under the Equality Act 2010, these include:

  • claims of breach of equality
  • failure to provide equality of terms in employment
  • a case referred by another court

Breached related to Trade Union and Labour Relations (Consolidation) Act 1992 including:

  • Unfair dismissal and any other issues related to trade union membership or for participation in an industrial action
  • Offering of inducements not to join a trade union or opt-out from collective bargaining agreements
  • Blacklisting for being a member of a union
  • Issues related to time taken for union duties
  • Failure to consult a recognised union or representative organisation over a proposed redundancy or over changes to training schemes
  • Disputes over membership of a union including disciplinary action or expulsion of members

Employment Tribunals can also take action under the following statutes:

Making a claim

The employee bringing the claim must tell the Advisory, Conciliation and Arbitration Service (Acas) that they intend to make a claim to the tribunal. This will give the two parties the chance to settle their dispute before going to court by using Acas’s free ‘Early Conciliation’ service.

If early conciliation does not work, then a claim may proceed to court.

Employment Tribunals Data in the News:

The decision of the Tribunal will normally be sent in the post a few days or weeks after the hearing. The Employment Tribunal decision data will also be published on GOV.UK. In some cases, a decision may be given at the actual hearing. A decision may have a major impact on a company (as with Tescos, which is still ongoing), as well as wider outcomes in employment law:

Veganism is a philosophical belief and is therefore protected by law, judge rules. Source: The Telegraph
Physicist wins employment tribunal over Oxford retirement rule. Source: Times Higher Education
Tesco workers take company to court over alleged discrimination. Source: The Guardian

How to get Employment Tribunals Data

Employment Tribunal decision data for England and Wales is available in DoordaBiz, you will also find The Finance & Tax Tribunal Data in there with respondents linked to their registered company number (where appropriate).