Fewer work tribunal cases brought

Unlawful wage deductions are a common gripe at tribunal

The number of cases taken to employment tribunals has fallen sharply in the past year, official figures have shown.

The fall was due to fewer multiple cases being brought and the effects of new rules designed to deter frivolous and unnecessary claims.

In total, 86,181 cases were brought, compared with 115,042 last year, and most dealt with dismissals or wages.

Sex discrimination cases fell from 14,284 to 11,726, the Employment Tribunals Service said.

Figures skewed

The tribunal figures for the previous year, 2003-2004, were skewed by more than 7,000 applications relating to a dispute over the dress code for workers in jobcentres.

We are concerned that the substantial fall in employment tribunal claims has been caused by complex new rules deterring employees from bringing a claim Brendan Barber, TUC general secretary

A male jobcentre worker won a case of discrimination after refusing to wear a tie, which sparked a number of other applications.

In addition, last October new rules were introduced to encourage discussion between workers and their employers.

Under the rules, prior to a case going to tribunal both parties would set out their positions in writing and then meet to discuss a resolution.

Failure by either party to follow the procedure meant they could incur financial penalties if the dispute went to an employment tribunal.

In a dismissal case where the employer has failed to follow the procedure, the dismissal is automatically found to be unfair.

However, unions have raised concerns that the new rules could stop people with genuine grievances from using employment tribunals.

"We are concerned that the substantial fall in employment tribunal claims has been caused by complex new rules deterring employees from bringing a claim, no matter how strong their case," said TUC general secretary Brendan Barber.

"The government should investigate whether the drop in tribunal claims is down to better practices in all workplaces, as opposed to unreasonable barriers blocking claims."

Common complaints

Employment tribunals have the power to deal with 70 different types of complaint, including complaints of unfair dismissal, race, sex and disability discrimination, unlawful deduction of wages, breach of contract and redundancy.

However, by far the most common complaints relate to unfair dismissal and the unlawful deduction of wages.

The Employment Tribunals Service added that over a third of cases were settled through the conciliation service, Acas, before reaching a tribunal hearing and a further third of the cases were withdrawn before being heard.

Of the remainders, about two thirds were successful at tribunal with the rest unsuccessful.