Who is likely to go to an Employment Tribunal and for what reason?

The recently published 2016 annual report of the Jersey Employment and Discrimination Tribunal (JEDT) gives us a good idea…

Firstly, complaints relating to discrimination are on the rise with a 192% increase in the number of discrimination complaints (from 12 to 35). Of those discrimination complaints, 80% (28) concerned sex discrimination and 7% (6) involved race.

As 95% of JEDT claims are brought by an employee against an employer, clearly organisations with staff need to pay attention when it comes to discrimination.

Secondly, employers are also failing to do the basics. In 2016, there were 35 complaints from employees who had not received a written statement of terms or had not been issued with a wage slip. Of those that went to Tribunal, 90% went in favour of the employee.

From 1 April 2017, an employer who fails to provide those basic items of information to an employee can be ordered to compensate them with up to four weeks’ pay.

When it comes to sectors, most complaints in 2016 were from construction (21%) and hospitality (21%). The most common issue dealt with was unfair dismissal, followed by conduct, constructive dismissal, and redundancy. Over 60% of unfair dismissal claims were found in favour of the Respondent, meaning that the Tribunal found that the Applicant was not unfairly dismissed.

When it comes to compensation awards, the Tribunal awarded a not-insignificant £75,656.38 to applicants in 2016 while Respondents (employers) were awarded a total of £923.41 following successful counter-claims.

The Tribunal also saw a significant rise in the number of employment complaints made against insolvent employers during 2016: 19 complaints were received.

Law At Work can help employers avoid the high cost – both financially and in terms of reputation – of being taken to a Tribunal, but if it does happen we can help you navigate through the process. Call 887088 to find out more.

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