Publishing the survey, EEF the manufacturers’ organisation, also warned that the new dispute resolution procedures, due to be introduced in October, will do little to ease the problem.
The survey by EEF, the manufacturers’ organisation, one of the UK’s foremost experts in employment law, showed that last year alone the number of cases handled on behalf of its 6000 members increased by 3% to 2206 cases, compared to 2145 in 2002. This compares with 1450 cases handled by EEF in 1998 when membership was at the same level.
The survey also showed that 27% of claims were withdrawn by the applicant for no financial or other return before reaching a hearing; 78% of claims heard by the tribunal were won by the employer, whilst average settlements and tribunal awards were just under £5500.
Commenting on the increase, EEF Director of Employment & Legal Affairs, Peter Schofield, said:
“There is a rising tide of employment litigation which is benefiting nobody in the workplace, certainly not employers, whilst employees are not securing significant victories. The Government’s forthcoming Dispute Resolution Procedures will not, by themselves, help and could make the situation worse.
The message from these figures is that all parties – including Government, ACAS, employers’ organisations and trade unions - must redouble their efforts to ensure more workplace disputes are resolved in the workplace.”
The survey also shows the continuing success of EEF legal teams in representing member companies. According to national figures 44% of cases were won by the applicant and 55% were won by the respondent. This compares with 22% and 78% respectively where EEF acted. This shows that companies’ chances of winning where a case proceeds to tribunal are significantly better than the national average if represented by EEF.