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Employment Tribunals Service

Justice written question – answered on 28th June 2012.

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Photo of Ian Murray Ian Murray Shadow Minister (Business, Innovation and Skills)

To ask the Secretary of State for Justice how many employment tribunals were on matters related to holiday pay in each year since 2007.

Photo of Jonathan Djanogly Jonathan Djanogly The Parliamentary Under-Secretary of State for Justice

The Ministry of Justice publishes Her Majesty's Courts and Tribunals Service (HMCTS) work load statistics annually and quarterly. Those statistics include data on employment tribunal claims receipts (i.e. the volume of actions brought by individual claimants) and a further break down of jurisdictional complaints receipts (i.e. the component causes of action, by jurisdictional type, brought under the claims submitted) each quarter and each financial year.

Under legislation to implement the working time directive, employment tribunals have jurisdiction to hear complaints from a worker that their employer has failed to allow them to take (or to pay them for) statutory annual leave entitlement. Complaints under this jurisdiction are often referred to as ‘holiday pay' claims.

A significant proportion of the holiday pay (and total) complaints received since 2007 has come from claims resubmitted approximately on a quarterly basis by a cohort of individual claimants as part of an ongoing collective dispute in the airline industry. These employment tribunal complaints (managed together as ‘multiples' at the London South Employment Tribunal Office) are currently stayed, pending the outcome of appellate proceedings before the Supreme Court.

The following table shows the total number of complaints received under the holiday pay jurisdiction for each complete financial year since 2006-07.

Claims and complaints received by employment tribunals in financial years since 2006-07
  2006-07 2007-08 2008-09 2009-10 2010-11 2011-12
Total claims receipts 132,600 189,300 151,000 236,100 218,100 186,300
Total jurisdictional complaints 238,500 297,000 266,500 392,800 382,400 321,800
Holiday pay complaints receipts* 14,900 53,300 21,800 92,300 111,700 94,700
Note: Figures for 2006-07 are management information. Source: HMCTS Annual Statistics, published by the Ministry of Justice (*Data on holiday pay complaints are drawn from the HMCTS employment tribunal database, which is the source of all associated official statistics).

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