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Sharp increase in unsubstantiated employment claims

Sharp increase in unsubstantiated employment claims

Employees are becoming more litigious judging from a recent survey undertaken by HR professionals from major UK organisations in and around the City

At a recent breakfast seminar held by international law firm SJ Berwin for HR professionals from large companies spanning different sectors of the UK economy, over two thirds (67 percent) that completed a questionnaire considered there were more grievances and tribunal claims being brought by employees. In addition, 59 percent noted an increase in unsubstantiated claims such as discrimination and whistleblowing. 

Unlike unfair dismissal claims, employees do not need a year's qualifying service to bring such claims. This finding is supported by the recently published Employment Tribunal statistics for 2008/09, which highlighted that, over the last year, there have been significant increases in claims for unfair dismissal, breach of contract and redundancy pay. Hilary O'Connor, partner in the Employment group at SJ Berwin, said: "The rise in unsubstantiated claims should put employers on their guard; they need to have good policies and timely and effective processes in place."

The survey took place at a seminar held on 29 September 2009 at the offices of international law firm SJ Berwin. With over 100 delegates in the audience, from major UK companies across a wide spectrum of industries, 81 delegates completed and returned a survey giving an insight into the effect of the recession on their organisations and strategies they are adopting to beat the recession.

The overwhelming majority of those surveyed have introduced cost-cutting measures (93 percent). Over three quarters said their organisation had carried on some form of consultation with their employees prior to introducing measures. The relatively low numbers of organisations that did not speak to their employees about changes is more to do with the type of changes introduced, such as the introduction of sabbatical and part-time working policies.

Hilary O'Connor added: "Employers should not be tempted to cut corners. An employer who does not consult prior to bringing in changes does so at its own peril!" The vast majority of employees accepted proposed changes/measures either straight away or following consultation (92 percent). In particular, employees appear to be receptive to cost-cutting measures such as the removal of benefits, freezing and/or reducing salaries, where this will help reduce redundancies and preserve jobs

17 November 2009

 

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Created on: 16-Nov-09 09:26

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