Age Discrimination and Employment Tribunals

Acas Annual Report 2009

Recessions stimulate a rising trend in Employment Tribunal cases and an upsurge in collective action. Acas conciliated in 78,670 cases referred to from the Employment Tribunal Service. This is a rise of18% from the previous year and demonstrates the extent and impact of the recession on employment.

Age discrimination accounted for 1,744 of gross cases received for conciliation from the employment tribunals by main grounds of complaint. This constitutes 1.3% of all complaints conciliated. However this rose by 30% on the 2007/8 figures of 1,547 or 1.0% of all complaints, and was over triple the amount received in 2006/7 of 394 or 0.4%.(although this was prior to the legislation).

Age discrimination accounted for 3,395 or 1.4% of all cases as compared to 2,652 (1.2%) for 2007/8 and 739 (0.4%) in 2006/7.

Age discrimination accounted for 1,672 or 2.1% of net cases received for conciliation from the employment tribunals in 2008/09.

In terms of gross ET1 conciliation cases cleared, age discrimination amounted 1,081, of which 607 or 56.2% were settled, 319 or 29.5% were withdrawn, and 155 or 14.3% went to an employment tribunal hearing. This compares to 2007/08 in which there was a total of 979 cases, of which 522 or 53.3% were settled, 337 or 34.4% were withdrawn, and 120 or 12.3% went to tribunal. For 2006/07, there was only 57 cases, of which 30 or 52.6% were settled, 26 or 45.6% were withdrawn and only 1 case or 1.8% went to tribunal.

In terms of net conciliation cases cleared, age discrimination amounted 1,020, of which 580 or 57% were cleared, 293 or 29% were withdrawn, and 147 or 14% went to tribunal.