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BIS Survey of ET Applications

The world on Employment Tribunal litigation continues to evolve dramatically. BIS has today published its Findings from the Survey of Employment Tribunal Applications 2013.

This is the first such survey in five years. About 2,000 employees and 2,000 employers were interviewed for the survey. Here are some of the key findings:-

  • 79% of small employers had not been involved with a tribunal claim over the last two years although the employees surveyed issued their claims before fees were introduced, 49% said that paying an issue fee would have influenced their decision to issue proceedings (mainly those with lower salaries or unlawful deductions claims).
  • 67% of employers use a representative at the hearing, whereas only 33% of Claimants use a representative.
  • 79% of cases in which an offer was made resulted in settlement. The opening offer was made by the employer (rather than employee) 61% of the time.
  • 17% of claims went to a full hearing (this is cases issued prior to fees were introduced).
  • The average tribunal award was £3,000 and the average level of expected award (by Claimants) was £4,000.
  • 72% of claims were against private sector employers (broadly similar to the 69% of people who work in the private sector).

For more information, please contact Nick Rowe at Maitland Walker.