ACAS Annual Report shows increase in Tribunal claims
22nd August 2008
ACAS has recently published its annual report for 2007-2008. The report shows that the number of tribunal claims received by ACAS for conciliation increased from 105,177 to 151,249 over the past year.
Many claims received by ACAS included 2 or more distinct complaints, eg unfair dismissal and sex discrimination. Adding up all these distinct complaints, the total for the past year was 227,782; marking a 26% rise on the previous year. This indicates that not only has the number of claims increased, but they have also become more complicated. This is s trend that has been developing over a number of years, and suggests that staff are becoming increasingly aware of their employment law rights. In turn this shows that employers face the growing risk of facing claims in the Employment Tribunals. The increased range of rights available to staff also highlights the need for employers to have a comprehensive range of staff policies in place, to address the practical operation of those rights.
The figures from ACAS indicate that there has been a large increase in Equal Pay claims. This is largely due to a large number of claims being brought against Local Authorities, NHS Trusts, and Local Education Authorities. It is still unusual for Equal pay claims to be brought in significant numbers against private employers, or small or medium sized employers. However, the issues raised within those cases do have an impact on small and medium sized employers, particularly when they need to address their approach to pay scales, and pay rises.
The number of unfair dismissal claims remains high, at over 43,000. This highlights the constant need to ensure that fair and comprehensive disciplinary procedures are implemented, and followed by all employers.
The report also shows that there has been a year on year increase in claims of both disability, and racial discrimination. This suggests that providing genuinely equal opportunities to all staff remains a challenge for employers in England and Wales. Employers should monitor equal opportunity at all stages, from recruitment, to promotion, to pay, to redundancy selection and dismissal.
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