According to the Law Society Gazette, lawyers are witnessing a huge surge in unfair dismissal claims which is leading them to expand their employment teams but is also placing a severe strain on the tribunal system.
Figures released by the Tribunals Service last week showed that unfair dismissal claims rose 29% to 52,711 in the year to March 2009.
Cases relating to redundancy pay rose 48% to 10,839, while claims for failure to inform and consult over redundancy saw a high 154% increase from 4,480 to 11,371.
The surge in cases is leading to long delays in the tribunals, with many cases waiting 12 months or more to be listed.
As Audrey Williams, partner and head of discrimination law at national firm Eversheds, said: ‘The delays in getting cases to the tribunal are a double-edged sword. The longer the employee is out of work, the greater the liability to the employer.’
Quite. But many lawyers sit on the case and do not actively promote settlement.This illusttrates two perhaps two differing points
With respect to the rise in claims relating to redundancy – 2 possible causes – employers handling things badly or employees being desperate for more compensation given the economic climate. In my experience many employers handle this badly in good times and bad so I would identify the ecnomic climate as a key reason.
The failure of employers to consult over redundancy – with reference to the role mediation might play here, mediation can be a posiutive solution provided it is done in an honourable and assertive way. One of the key concerns of proposing mediation is that it may be seen as a sign of weakness particularly if proposed by the employer.