The 2004 Trade Union Trends íFocus on Employment Tribunalsí survey out today shows that union-backed claims have been reduced by a further 41 per cent in the past year compared with only a 12 per cent fall in all tribunals.
Brendan Barber, TUC General Secretary, said:
Trade unions continue to use a strategy of blazing a trail for new employment rights through landmark tribunal wins and then embedding these rights in the workplace through their strong bargaining position.
Unions are more likely to solve a problem without resorting to litigation but, if it ends up at a tribunal, trade union members are more likely to win and are likely to win more compensation.
Tribunals are working well for union members but there is genuine concern that changes to the system aimed at cutting the numbers of tribunals will further disadvantage non-union members.
Unions won or settled nine out of ten of the 2,619 tribunal applications recorded in the survey, and won four of five cases that went all the way to a hearing, compared with a 13 per cent average for all tribunals. And unions won an estimated 16.2 million in compensation for their members - in unfair dismissal cases, which still account for over 40 per cent of all claims, compensation to union members was three times higher than the average award.
Union members also benefit from the fact that unions are not deterred from bringing claims by threats from employers of costs awards of up to 10,000. Despite an increase in these threats reported in the TUC survey, three-quarters of unions said the possibility of cost awards did not affect their decision to bring a claim.
Unions fear that government plans to cut tribunal numbers by an arbitrary 30,000 (from 98,617) will create barriers to the system that will make it very difficult for non-union members who cannot afford legal advice to bring tribunals. The TUC is particularly concerned that the complicated new pre-acceptance stage, currently being considered by the government, could lead to well-founded tribunal claims being rejected without a full hearing due to minor or technical faults.
The TUC is also concerned that the complexity of new statutory grievance and disciplinary procedures combined with the pre-acceptance stage, both due to come into effect in October 2004, will increase tribunal workloads and deter applications from workers without union backing or legal support. Nine out of ten unions already state that they only submit a tribunal application on the advice of a lawyer, an 11 per cent increase on last year.
Tribunals numbers are already falling, but rather than forcing the trend by making the system more legalistic and complex, the TUC believes the government should concentrate on the new right for employees to be informed and consulted on workplace issues, which come into force next year. This would be a mechanism to start solving problems without litigation, just as unions do.
Unions also continue to use their unique position to win substantial settlements and compensation for members through multiple claims on an issue. Last year KFAT, the textile workers union, won 300,000 for 140 employees due to a failure to consult over redundancies.
Non-union members to suffer under work tribunal reforms
Trade unions continue to lead the trend in reducing employment tribunals claims by solving more problems in the workplace. But the TUC is concerned that non-union members will suffer under government reforms designed to cut tribunal applications.