Employers expect number of tribunal claims to rise

Despite the increased qualifying period for an employee to bring an unfair dismissal claim, employers predict a rise in the total number of tribunal claims, many of them expecting cases to be brought under alternative headings.

Back in April the government extended the qualifying period necessary for an employee to bring an unfair dismissal claim against their employer, from one year to two years.  The government argued this would give employers greater confidence to create jobs and employ more staff whilst also reducing the number of employment tribunal claims being made by an estimated 3-5%.

Nevertheless, according to recent research conducted by XpertHR, half of employers actually expect the total number of employment tribunal claims being made against employers to rise due to an increase in the number of cases being brought under substitute headings. It is anticipated that employees will pursue claims under headings such as discrimination which do not require a given period of service before the employee is able to bring a claim.   

Whilst I would agree that the increase in the unfair dismissal qualifying period is likely to increase the number of claims being made under alternative headings, I would not be as pessimistic as to say that this increase will lead to a net rise in the overall number of claims being made. In fact, figures for the year up to March 2012, prior to the extension of the qualifying period, were already suggesting a downward trend with the number of claims being accepted by the employment tribunal failing 15% compared with the previous year.

For any employer the most effective means of protecting against employment tribunal claims is to have employment documents drafted which reflect the unique circumstances of your business. These will ensure your interests as an employer are protected and the risk of an employment tribunal claim being made against you is minimised.

David Dixey is Holmes & Hills Solicitors' Employment Law specialist and Employment Law advice to employers across Essex and Suffolk.