Research conducted by law firm Birketts has found that the burden of dealing with employment cases is on the rise, with employers spending more than a month of their time dealing with new claims.
Unfair dismissal cases accounted for 23.9% of the cases, with disability discrimination claims a close second at 22%. The firm stated that it was rare to find a straight forward unfair dismissal case as they usually sat alongside other issues such as harassment or maternity/paternity related issues.
They also found that the vast majority of cases were settled before going to court, and almost a quarter of the cases were settled out of court the day before they were due to be heard.
Catherine Johnson, partner in Birketts’ employment team stated that “employment claims have become a costly burden for businesses”. She urged employers to consider early whether or not an early settlement was more cost and time effective than the time and costs associated with going to court.
There is currently a huge backlog of cases waiting to be heard, worsened by COVID, and it is important to understand the full effect of going to court. However, equally important for many employers will be whether or not they consider themselves to have acted correctly and not wish to pay out if they have conducted themselves properly and legally.