Frivolous employment tribunal cases increase

EEF report: results show a need for further conciliation

There has been a significant rise in the number of frivolous employment tribunal claims, according to a survey released last week.

Research into cases handled by the Engineering Employers' Federation (EEF) has revealed that in 2001 almost 25% of claims were withdrawn by the applicant before reaching a hearing and 78% were settled or withdrawn.

In 2000, the results were 17% and 70% respectively.

Figures also showed that only 4% of claims submitted by applicants were upheld at hearing, compared to 6.5% the previous year, while the overall number of claims dealt with by the EEF was down 7% to 3,028.

Paul Martin, director of employment policy for the EEF, said: 'Parties invest significant time and money into hearings only for a frivolous claim to be withdrawn due to lack of substance.

The figures support our view that more resources need to be devoted to conciliation by the government.'

The federation's views had been submitted to the government's employment tribunal system taskforce, chaired by Simmons & Simmons senior partner Janet Gaymer.

Submissions for reform of the system were expected last week.

Recommendations in the Law Society's employment law committee's submission include: prioritising work on reducing the number of cases postponed at the last minute; more use of IT; and a greater commitment to users of the Employment Appeal Tribunal, such as being prepared to sit outside of London.

The Employment Lawyers Association is still working on its submission.

Andrew Towler