Claims to Employment Tribunal
According to the ACAS annual report for 2023-2024, the statistics for employee-led cases going to full employment tribunal hearings vs settling pre-tribunal are:
- Total employee-led Early Conciliation notifications received: 99,538 - This refers to the number of employee-led Early Conciliation notifications that were received by ACAS in 2023-24. This does not include the 5,346 employer-led notifications received during the same period.
- Claims settled through ACAS conciliation pre-ET1: ~38,820 - ACAS achieved a 39% positive outcome rate at the Early Conciliation stage, meaning approximately 38,820 employee-led cases resulted in a conciliated settlement or another positive outcome before an ET1 (Employment Tribunal claim form) was filed. Conciliation is the process where an ACAS conciliator works with both parties to try to negotiate a mutually agreeable settlement before the claim progresses to Employment Tribunal.
- Claims settled either independently between the parties or withdrawn pre-ET1: ~30,857 employee-led EC notifications did not progress to an Employment Tribunal claim. These are claims that were either settled directly between parties without ACAS involvement, or withdrawn by the claimant before filing an ET1. Reasons for withdrawal may include resolving the dispute directly, lacking evidence, or deciding not to pursue the case. This shows many disputes are resolved even without active ACAS conciliation.
- Claims resolved through ACAS post-ET1: ~23,291 - If the claimant goes ahead and files an ET1 (the formal tribunal claim form), ACAS becomes involved again automatically. At this stage, ACAS achieved a 78% resolution rate for ET1 cases in 2023-24. Of the approximately 29,861 employee-led cases that progressed to ET1, about 23,291 were resolved (settled, withdrawn, or otherwise concluded) through ACAS conciliation before reaching a hearing.
- Claims proceeding to a full employment tribunal hearing: ~6,570 - This is the portion of employee-led claims that could not be settled via conciliation or direct talks and went to a full tribunal hearing. This represents approximately 22% of cases that filed an ET1, or about 6.6% of all employee-led Early Conciliation notifications.
The ACAS conciliation service facilitated positive outcomes for more than 50% of all employee-led claims at the Early Conciliation stage. This highlights the critical importance of early conciliation in resolving employment disputes before they progress to formal tribunal proceedings, saving time, cost, and stress for both employees and employers.
Type of Claims 2023-24
ACAS published ET1 cases received for conciliation (i.e., tribunal claims that were still settled through ACAS post-ET1) as % of cases that include this ground (a single case can include multiple grounds):
- Unfair dismissal 47%
- Wages Act (unlawful deductions etc.) 36%
- Breach of contract 26%
- Disability discrimination 25%
- Working time (annual leave) 22%
- Race discrimination 12%
- Sex discrimination 11%
- Public interest disclosure (whistleblowing) 9%
- Redundancy pay 9%
- Age discrimination 6%
Type of Claims 2024-25
ACAS published ET1 cases received for conciliation (i.e., tribunal claims that were still settled through ACAS post-ET1) as % of cases that include this ground (a single case can include multiple grounds):
- Unfair dismissal 48%
- Wages Act (unlawful deductions etc.) 30%
- Breach of contract 28%
- Disability discrimination 28%
- Working time (annual leave) 19%
- Race discrimination 14%
- Sex discrimination 12%
- Public interest disclosure (whistleblowing) 14%
- Redundancy pay 8%
- Age discrimination 7%
Equality, Diversity & Inclusion - Or The Lack Thereof
Here is an overview of the discrimination-related claims, which made up around 22% of total claims according to the ACAS report:
The most common discrimination claim grounds tend to be:
- Disability discrimination - ~ 30-40% Failure to make reasonable accommodations, discriminatory treatment, etc.
- Sex discrimination - ~ 25-35%. Pay inequality, harassment, biased policies.
- Race discrimination - ~ 15-25%. Racial bias in hiring, promotion, policies, etc.
- Age discrimination - ~ 10-15%. Mandatory retirement policies, ageist remarks, etc.
- Religious discrimination - ~5%. Bias against religious beliefs or practices.
- LGBTQ+ discrimination - ~ 5%. Discrimination based on sexual orientation or gender identity.
In terms of outcomes, discrimination claims have a moderate success rate at tribunal of 35-50% based on various studies. But it depends on having solid evidence of discriminatory treatment.