In September 2018, the Ministry of Justice (MOJ) published its quarterly (April-June 2018) ET statistics.

The statistics reveal that the number of single claim cases have more than doubled – up 165% to 10,996 compared to the same quarter in 2017. The number of multiple claim cases have increased by 344% to 42,700 compared to the same quarter in 2017. The trajectory of claims increasing continues from earlier this year (January-March 2018) – where single claim cases increased by 118% and multiple claim cases increased by 40% compared to the same quarter in 2017.

The increased volume of claims has resulted in long delays to ET procedure and postponed hearings, often at short notice.

Earlier this year, the Judicial Appointments Commission (JAC) launched a recruitment drive for 54 ET Judges, which closed on 2 July 2018. However, the recruitment process is still ongoing and successful candidates will be announced in January 2019 – to commence sitting as Judges from a choice of three start dates in April, July or September 2019. Therefore, between now and when recruited Judges commence sitting, parties can continue to expect delays in their cases being administered and hearings being postponed.

The MOJ statistics publication is a timely reminder for employers that, since ET fees were abolished in 2017, employees (and workers) have become increasingly litigious. Therefore, employers should adopt a pragmatic and commercial approach in managing employment disputes to minimise any legal, financial and/or reputational risk.

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