Official Statistics

Tribunal Statistics Quarterly: July to September 2022

Published 8 December 2022

1. Main Points

This publication presents tribunals statistics for the latest quarter (July to September, Q2 2022/23), compared to the same quarter of the previous year.

This publication does not include receipt, disposal and caseload outstanding figures for the Upper Tribunal Immigration and Asylum Chamber (UTIAC) due to this tribunal being migrated to new case management systems. The data will be made available as soon as possible, and once the data is quality assured. The total of the remaining jurisdictions is referred to in this publication and accompanying tables as the ‘Interim Total’ and has been provided to allow like-for-like comparisons over time. This quarter, with the reintroduction of Employment Appeal data, the ‘Interim Total’ has been revised since the last publication, and now covers the majority of all tribunals (99.2% of receipts in 2020/21).

Interim Total receipts, disposals and caseload outstanding increased	In July to September 2022, receipts, disposals and caseload outstanding interim[footnote 1] totals increased by 7%, 8% and 4% respectively when compared to the same quarter in 2021/22. His Majesty’s Courts & Tribunals Service (HMCTS) recorded an interim[footnote 1] total of 80,000 receipts. Disposals interim[footnote 1] total this quarter was 67,000 and caseload outstanding interim[footnote 1] total stood at 650,000.
SSCS receipts, disposals and caseload outstanding all increased	Compared to the same period in 2021, Social Security and Child Support (SSCS) receipts, disposals and caseload outstanding all increased by 74%, 18% and 96% respectively. The increase in both receipts and disposals were driven by PIP and UC, which increased by 119% and 28% respectively for receipts and by 21% and 50% respectively for disposals.
FTTIAC receipts, disposals and caseload outstanding all decreased	FTTIAC receipts, disposals and caseload outstanding all decreased (by 11%, 7% and 23% respectively) in July to September 2022 compared to the same period in 2021.
Employment Tribunal Claims receipts decreased and disposals increased	This quarter there were 18,000 Employment Tribunal receipts, 13,000 disposals, and caseload outstanding stood at 493,000 at the end of September 2022. Compared to Q2 2021/22, overall ET receipts decreased by 19%, disposals increased by 6% and caseload outstanding decreased by 3%.
SEN appeals and disposals up 29% and 20% respectively	In the academic year 2021/22, HMCTS tribunals recorded 11,000 registered appeals in relation to SEN, an increase of 29% when compared to the prior year. In the same period, 9,100 SEN appeals were disposed of, an increase of 20% on 2020/21. This is evidenced by the outstanding caseload for the SEND tribunal which has increased by 44% from the end of September 2021 to the end of September 2022.
Annual discrimination compensation and costs awarded figures published	In 2021/22, Sexual Orientation Discrimination claims received the largest average award (£33,000) compared to other discrimination jurisdictions. The highest maximum award in 2021/22 was for Race Discrimination, at £228,000.

For feedback related to the content of this publication, please contact us at CAJS@justice.gov.uk

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2. Statistician’s Comment

Overall volumes across His Majesty’s tribunals have increased for all activities – receipts, disposals and caseloads outstanding – this quarter, compared to the same period in the previous year. However, this does not tell the whole story and a deeper dive reveals different trends in individual tribunals, mainly driven by the cycle of their policies albeit, in the main, figures have continued their steady increase towards pre-covid levels. Overall however, the outstanding caseload has risen to its highest level since Q4 of 2013/14.

This steady increase is seen in receipts (74%) and disposals (18%) at the SSCS tribunal, to 34,000 and 27,000 respectively, with a commensurate rise in outstanding cases. This has mainly been driven by increases in Personal Independence Payment which makes up 71% of total receipts and two thirds of the disposals. Trends in SSCS are usually a reflection of where we are in the economic cycle, and with the onset of a recession, it is likely that volumes will be volatile in the months ahead.

The outlook for Employment tribunals is more varied. Here, receipts decreased and disposals increased. The tribunal has still not registered the substantial increase to receipts expected after furlough ended, in line with wider reporting on unemployment. This tribunal received 7,800 single claim receipts and disposed of 7,100 single claim cases this quarter. This is consistent over the last 4 quarters. It is still too early to say if the post-covid recovery has peaked but it seems trends are beginning to stabilise.

The SEND Tribunal continues its upward trajectory, increasing steadily over the last seven years from 3,100 in 2014/15 to registering the highest number of appeals (11,000), in the academic year 2021/22, an increase of 251%. The increase is likely due to the continued effect of Education Health and Care plan reforms introduced which extended the provision of support from birth to 25 years of age. HMCTS has recruited additional judges and prioritised appeals involving school transfers to help deal with the rise.

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3. Overview of Tribunals

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Receipts interim^{[footnote 1]} total was 80,000 and disposals interim^{[footnote 1]} total was 67,000

In July to September 2022, HMCTS recorded a 7% increase in the interim^{[footnote 1]} total for receipts, and an 8% increase in the interim^{[footnote 1]} totals for disposals, when compared to the same quarter in 2021. Caseload outstanding interim^{[footnote 1]} total increased by 4%, to 650,000, over the same period.

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This publication does not include Upper Tribunal (Immigration and Asylum Chamber) data since Q2 of 2021/22 and Employment Tribunals data for Q1 2021/22 due to database migration as stated above. The total of the remaining jurisdictions is referred to in this publication and accompanying tables as the ‘Interim Total’ and has been provided to allow consistent year-on-year comparisons over time.

This summary bulletin focuses mainly on the Social Security and Child Support (SSCS) Tribunal, the First-tier Tribunal Immigration and Asylum Chamber (FTTIAC), and the Employment Tribunal as they made up the majority (75%) of tribunal interim^{[footnote 1]} receipts in July to September 2022:

• Social Security and Child Support (SSCS) - 42% of receipts

• Employment Tribunal (ET) - 22% of receipts

• First-tier tribunal Immigration and Asylum Chamber (FTTIAC) - 11% of receipts

Figure 3.1: Receipts interim totals, Q2 2018/19 to Q2 2022/23 (Source: Tables S_2)

Figure 3.2: Disposals interim totals, Q2 2018/19 to Q2 2022/23 (Source: Tables S_3)

Figure 3.3: Caseload outstanding^{[footnote 2]} interim totals, Q2 2018/19 to Q2 2022/23 (Source: Tables S_4)

The charts above show the trends in receipts, disposals and caseload outstanding over the last five years for SSCS, FTTIAC, ET, and all tribunals overall (using the Interim^{[footnote 1]} Total measure).

In July to September 2022, overall interim^{[footnote 1]} receipts increased by 7% (to 80,000) compared to July to September 2021. This was driven by increases in SSCS and Residential Property Tribunals (by 74% and 22% respectively).

Overall interim^{[footnote 1]} disposals increased by 8% in July to September 2022 (to 67,000). The FTTIAC disposed of 7% less cases in Q2 2022/23 compared to Q2 2021/22. SSCS and ET disposals increased by 18% and 6% respectively over the same period.

Overall interim^{[footnote 1]} caseload outstanding stood at 650,000 at the end of September 2022. This is an increase of 4% compared to Q2 2021/22. The increase in caseload outstanding compared to Q2 2021/22 was mostly driven by a 96% increase in SSCS caseload outstanding.

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4. Social Security and Child Support

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SSCS receipts, disposals and caseload outstanding all increased

Compared to the same period in 2021, Social Security and Child Support (SSCS) receipts, disposals and caseload outstanding all increased by 74%, 18% and 96% respectively.

In July to September 2022, 72% of disposals were cleared at hearing with a 61% overturn rate

Of the 27,000 disposals in Q2 2022/23, 72% were cleared at a hearing and of these, 61% had the initial decision revised in favour of the claimant (up from 63% and 60% in the same period in 2021/22 respectively).

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Figure 4.1: Social Security and Child Support receipts, Q2 2018/19 to Q2 2022/23 (Source: Tables SSCS_1)

Figure 4.2: Social Security and Child Support disposals, Q2 2018/19 to Q2 2022/23 (Source: Tables SSCS_2)

Figure 4.3: Social Security and Child Support caseload outstanding, Q2 2018/19 to Q2 2022/23 (Source: Tables S_4)

The economic impact of the COVID-19 pandemic resulted in an increase in the number of people on Universal Credit^{[footnote 3]} as the employment rate decreased and economic inactivity increased. The Department for Work and Pensions (DWP) changes to benefit processes in response to the pandemic, such as the temporary suspension of face-to-face assessments for health and disability-related benefits, contributed to the general downward trend in receipts seen during the pandemic. However, as the policies put in place due to COVID-19 came to an end and restrictions were eased, we are now seeing SSCS receipts increasing significantly since Q2 2021/22 although they are still below pre-Covid19 levels.

SSCS receipts increased by 74% this quarter, to 34,000 appeals, compared to July to September 2021. This was driven by increases in Personal Independence Payment and Universal Credit (by 119% and 28% respectively). PIP and UC appeals accounted for 71% and 14% respectively of all SSCS receipts in July to September 2022.

In July to September 2022, SSCS disposals increased by 18% when compared to the same period in 2021 (from 23,000 in Q2 2021/22 to 27,000 in Q2 2022/23). PIP made up nearly two thirds of SSCS disposals (63%), in line with previous share of disposals.

Of the disposals made by the SSCS tribunal, 20,000 (72%) were cleared at hearing, and of these, 61% were overturned in favour of the customer (up from 63% and up from 60% on the same period in 2021 respectively). This overturn rate varied by benefit type, with PIP at 68%, Disability Living Allowance (DLA) 61%, Employment Support Allowance (ESA) 53%, and UC 49%. The PIP overturn rate remained stable compared with July to September 2021. The DLA and ESA overturn rates decreased compared with July to September 2021 (DLA down 6 and ESA down 1 percentage points). The UC overturn rate increased by 7 percentage points over the same period.

There were 63,000 SSCS cases outstanding at the end of September 2022, an increase of 96% compared to the same period in 2021. Since Q4 2017/18, caseload outstanding had been gradually decreasing (from a peak of 125,000), only rising in Q3 2019/20. However, SSCS caseload outstanding has started to rise again, increasing in each of the last four quarters (Q3 and Q4 2021/22, and Q1 and Q2 2022/23). This is in line with the increased receipts described above.

Of those cases disposed of by the SSCS tribunal in July to September 2022, the mean age of a case at disposal was 31 weeks, an 8 week decrease compared to the same period in 2021 (see tables T_2).

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5. Immigration and Asylum

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First-tier Tribunal Immigration and Asylum Chamber (FTTIAC)

In July to September 2022, FTTIAC receipts decreased by 11% to 8,900, compared to Q2 2021/22. Disposals decreased by 7% (to 9,100), over the same period.

In the same period, caseload outstanding decreased by 23% (to 26,000).

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Figure 5.1: First-tier Tribunal Immigration and Asylum Chamber receipts, Q2 2018/19 to Q2 2022/23 (Source: Tables FIA_1)

Figure 5.2: First-tier Tribunal Immigration and Asylum Chamber disposals, Q2 2018/19 to Q2 2022/23 (Source: Tables FIA_2)

Figure 5.3: First-tier Tribunal Immigration and Asylum Chamber caseload outstanding, Q2 2018/19 to Q2 2022/23 (Source: Tables S_4)

Following on from a steep fall in 2020/21 due to the impact of the pandemic, FTTIAC receipts started to return to pre-Covid19 levels over the course of 2021/22. In 2021/22, FTTIAC receipts increased by 52% (to 40,000) compared to 2020/21. However, receipts have started to decrease again since the backlogs have been cleared. This quarter receipts decreased by 11% (to 8,900) compared to the same period last year.

The First-tier Tribunal Immigration and Asylum Chamber received 85 Deprivation of Citizenship receipts this quarter, a decrease of 11% compared to the same quarter last year. Deprivation of Citizenship disposals increased by 44% compared to the same quarter last year (to 110).

The proportion of EEA/EUSS receipts has been increasing steadily since the EUSS route closed in June 2021, now making up 43% of all FTTIAC receipts. In July to September 2022, there were 3,900 EEA/EUSS receipts, a decrease of 14% compared to the same period last year.

Compared to Q2 2021/22, Human Rights (HR) receipts decreased by 10% to 3,200. Asylum/Protection (AP) receipts decreased by 4% compared to the same period in 2021 (to 1,700). HR and AP proportionally represented 36% and 20% of all FTTIAC receipts respectively (the same proportion and up 1 percentage points respectively from a year ago).

In Q2 2022/23, FTTIAC disposals decreased by 7% to 9,100 This fall in disposals was driven by decreases in EEA Free Movement and Human Rights (by 7% and 9% respectively). EEA appeals made up the largest proportion (44%) of all FTTIAC disposals in July to September 2022, the same proportion compared to a year ago.

Of the disposals made in the FTTIAC this quarter, 72% were determined i.e. a decision was made by a judge at a hearing or on the papers (compared to 57% in Q2 2021/22); 17% were withdrawn (compared to 14% in Q2 2021/22); 3% were struck out for non-payment of the appeal fee (compared to 8% in Q2 2021/22), and 2% were invalid or out of time (compared to 2% in Q2 2021/22). Half (50%) of the 6,600 cases determined at a hearing or on the papers were allowed/granted, although this varied by case type (49% of Asylum/Protection, 53% of Human Rights and 48% of EEA Free Movement appeals were allowed/granted).

In the FTTIAC, the mean time taken to clear appeals across all categories is at 41 weeks this quarter, which is 2 weeks more than compared to the same period a year ago. Asylum/Protection, Human Rights and EEA Free Movement had mean times taken of 54 weeks, 51 weeks and 37 weeks respectively.

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Upper Tribunal Immigration and Asylum Chamber (UTIAC)

In Q2 2022/23 UTIAC Judicial Review receipts increased by 14%, to 570, compared to the same period a year ago. Disposals increased by 76% to 960 whilst caseload outstanding rose by 18%, to 950, compared to July to September 2021.

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UTIAC Immigration and Asylum Judicial Reviews

In July to September 2022, there were 570 Immigration and Asylum Judicial Review receipts and 960 disposals, an increase of 14% and an increase of 76% respectively on July to September 2021.

Of the 960 Immigration and Asylum Judicial Reviews disposed of 47% were determined and 2% were transferred to the Administrative Court. The remaining 51% were in the ‘Other’ category, which includes cases that were withdrawn or not served.

During July to September 2022, 290 UTIAC Judicial Review applications were determined by paper hearing, of which 18% were allowed to continue to the substantive hearing stage. A further 35 were reconsidered at an oral renewal, of which 94% were allowed to continue to the substantive hearing stage. There were 12 substantive hearings which were determined in July to September 2022 of which 33% were granted in favour of the appellant (see table UIA_3).

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6. Employment Tribunals

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Employment Tribunal single cases

In Q2 2022, the Employment Tribunal received 7,800 single claim receipts and disposed of 7,100 single claim cases. There were 45,000 single claim cases outstanding at the end of September.

Employment Tribunal multiple cases

This quarter there were 10,000 Multiple claim receipts, 5,500 disposals and caseload outstanding stood at 448,000 at the end of September.

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Employment Tribunals transitioned to a new database (Employment Case Management) during March to May 2021. It has not been possible to provide full results from both databases during this migration period on a consistent basis. Therefore, Employment Tribunal (ET) data is not available for Q1 2021/22, and as a result we are unable to present data for the full financial year of 2021/22. The data is still subject to checks, but there is increasing confidence in the numbers for receipts, disposals and caseloads outstanding which we present in this report. Jurisdictional breakdowns for disposals, timeliness and outcome data are still undergoing more rigorous checks and will not be presented until the checks are complete. In addition, because of the operational differences between ECM and the previous database, caution should be exercised when making comparisons in the statistical results before and after migration.

In Q2 2022/23, there were 18,000 Employment Tribunals (ET) receipts, 44% (7,800) of which were single claims receipts, and the remaining 56% (10,000) were multiple claims receipts. The ET disposed of 13,000 cases in Q2 2022/23, an increase of 6% compared to Q2 2021/22. Of the 13,000 disposals 56% (7,100) were single claim disposals, and the remaining 44% (5,500) were multiple claim disposals. At the end of the financial year, 493,000 cases were outstanding (45,000 single claims, and 448,000 multiple claims).

Figure 6.1: Index of Employment Tribunals single and multiple claim receipts, Q2 2018/19 to Q2 2022/23 (Source: Tables S_2)

* Baseline 2018/19 Q2

Figure 6.2: Index of Employment Tribunals single and multiple claim disposals, Q2 2018/19 to Q2 2022/23 (Source: Tables S_3)

* Baseline 2018/19 Q2

Figure 6.3: Index of Employment Tribunals single and multiple claims outstanding, Q2 2018/19 to Q2 2022/23 (Source: Tables S_4)

* Baseline 2018/19 Q2

Single claim receipts have returned to levels seen prior to the COVID-19 pandemic. Compared to Q2 2021/22, single claim receipts increased by 6% to 7,800. Single claims disposals decreased by 5%, to 7,100 when compared to Q2 2021/22. Single claim caseload outstanding (at 45,000) continues to rise having passed the peak levels seen in 2009/10 (when it was 36,000 in Q2 of that year), driven by disposals being continuously lower than receipts.

There were 10,000 multiple claims received this quarter, a decrease of 32% compared to Q2 2021/22. Disposals increased by 24% over the same period, to 5,500 disposals. At the end of September 2022, multiple claims caseload outstanding stood at 448,000. Multiple claims tend to be more volatile as they can be skewed by a high number of claims against a single employer. The multiple claims received this quarter related to 600 multiple claim cases (averaging 18 claims per multiple case). This is up from 440 multiple cases in the same period a year ago, which had an average of 34 claims per case.

The peak seen in the disposal chart in Q3 2021/22 is due to a large spike in multiple claims. A dismissal judgment was issued in December 2021 for 48,000 British Airways claims covering 71,000 jurisdictions. These claims had been withdrawn over a number of years but given the volume and restrictions with the old case management system these had not been formally closed until now, hence the spike. This figure is expected to be revised again as there is still closure action to take place on some of the claims.

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7. Gender Recognition Certificates

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357 Gender Recognition Panel (GRP) applications were received and 275 were disposed of between July to September 2022; 514 applications were pending by the end of September 2022

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The GRP received its highest ever applications this quarter at 357, an increase of 135 compared to July to September 2021. Of the 275 applications disposed of, a full Gender Recognition Certificate (GRC) was granted in 93% of cases (256 full GRCs), down 1 percentage point compared to the same period in 2021 (where 104 full GRCs were granted out of 111 disposals).

As expected, GRP receipts have increased annually since 2017/18, particularly more recently following a reduction in the application fee in May 2021 from £140 to £5, and the move to an online application process in July 2022. This has come at the same time as an increase in both the caseload outstanding and refusals. Caseload outstanding reached 514 cases in Q2 2022/23, while 4% of all disposals (11 cases) have been refused. Applications can be refused if they do not meet the required criteria. More information on the criteria can be found at the following link: Apply for a Gender Recognition Certificate - GOV.UK (www.gov.uk).

Since April 2005/06, when the Gender Recognition Act 2004 came into effect, 70% of interim certificates (171 of the 246 interim GRCs granted) have been converted to a full GRC, 52% of which were converted within 30 weeks. No interim certificates were converted to a full GRC between July to September 2022. Of the 256 full certificates granted in July to September 2022, 20 were for married applicants and 231 for single applicants. 144 (56%) of the individuals granted full certificates were registered male at birth while 112 (44%) were registered female at birth.

Figure 7.1: Applications for Gender Recognition Certificates received, disposed of and pending, Q2 2018/19 to Q2 2022/23 (Source: Tables GRP_1 and GRP_2)

Figure 7.2: Full Gender Recognition Certificates granted by year of birth, 2017/18 to 2021/22 (Source: Table GRP_4)

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8. Other Tribunals

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Increase in First-tier tax Chamber receipts by 72% compared to the same quarter last year

The First-tier Tax Chamber recorded 1,800 receipts this quarter, a decrease of 72% compared to the same quarter last year. In the same period, 1,400 appeals were disposed of and caseload outstanding increased by 52% (to 45,000).

Mental Health receipts, disposals and caseload outstanding all decreased compared to 2021/22

Mental Health receipts, disposals and caseload outstanding all decreased when compared to July to September 2021, down by 3%, 2% and 6% respectively.

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First-tier Tax Chamber

Receipts in the first-tier tax chamber have fallen this quarter after the surge in Q2 2021/22 due to Treasury and HMRC increase action against umbrella companies employing potentially fraudulent VAT schemes. Receipts decreased by 72%, to 1,800 – in line with previous receipts for this tribunal while disposals increased by 2%to 1,400. Caseload outstanding has increased by 52% to 45,000 as a result of high receipts and low disposal rates.

Figure 8.1: First-tier Tax Chamber receipts, disposals and caseload outstanding Q2 2018/19 to Q2 2022/23 (Source: Tables S_2, S_3, and S_4)

Mental Health

Mental health figures have all decreased this quarter. Receipts decreased by 3% in July to September 2022 (to 7,800), compared to the same period in 2021. The tribunal disposed of 8,000 appeals in Q2 2022/23, a decrease of 2% when compared to Q2 2021/22. There were 3,500 Mental Health cases outstanding at the end of September 2022, a decrease of 6% compared to the same period in 2021.

The mean age of cases at clearance for the Mental Health section 2, Mental Health Restricted Patients, and the Mental Health Non-Restricted Patients case types has remained consistent for the same period in the last couple of years at 1 week, 12 weeks and 6 weeks respectively.

Residential Property Tribunals

Residential Property Tribunals receipts rose to the highest level since Q4 2018/19, increasing 22% (to 2,600 cases) in Q2 2022/23 compared to the same quarter in the previous year. Disposals remained stable, at 2,000 cases, over the same period. At the end of September 2022, there were 6,100 cases outstanding, up 24% compared to September 2021.

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9. Special Educational Needs and Disability (SEND)

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29% increase in registered SEN appeals when compared to 2020/21

In the academic year 2021/22, HMCTS tribunals recorded 11,000 registered SEN appeals, an increase of 29% when compared to the prior year. In the same period, 9,100 SEN appeals were disposed of, an increase of 20% on 2020/21.

The increase in appeals registered is likely a continued effect of the 2014 SEN reforms which introduced Education Health and Care plans (EHCPs) and extended the provision of support from birth to 25 years of age and the effect of the National Trial which began in April 2018. Under the National Trial the Tribunal was able to make non-binding recommendations on the health and social care elements of the EHC plan. Those provisions were mainstreamed with effect from 1 September 2021.

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Figure 9.1: Registered SEN appeals, 2015/16 to 2021/22 academic years (Source: Table SEND_1)^{[footnote 4]}

SEND reforms, which came into effect from 1 September 2014, introduced Education Health and Care (EHC) plans and extended provision of support from birth to 25 years of age for those in education (excluding Higher education).

Of the 11,000 registered SEN appeals in 2021/22, 28% were against ‘refusal to secure an EHC assessment’, while over half (57%) were in relation to the content of EHC plans. The most common type of educational need identified in appeals continues to be Autistic Spectrum Disorder, accounting for 50% (5,500) of all SEN appeals.

SEND caseload outstanding reached a new high of 5,600 cases in Q2 2022/23, driven by the previously noted rising trend in SEND appeals registered.

Figure 9.2: SEND Caseload Outstanding, Q2 2018/19 to Q2 2022/23 (Source: Table S_4)^{[footnote 4]}

In 2021/22, ethnicity data was ‘not completed’ for any of the appeals registered, therefore it is not possible to provide analysis of SEN appeals by child ethnicity. As the table on ethnic origin (previously SEND_4) provides no new information, it has been removed from this publication. We will monitor the data regularly and reintroduce this table when the data is populated.

In 2021/22, HMCTS recorded 9,100 outcomes in relation to SEN appeals, an increase of 20% compared to 2020/21. Of these outcomes, 62% (5,600) of cases were decided by the tribunal, down 2 percentage points on 2020/21. Of the cases decided, 96% (5,400) were in favour of the appellant, the same proportion percentage points on 2020/21.

In 2021/22, there were 190 registered appeals in relation to disability discrimination, 26 more than the previous year (16% increase). Of these appeals, 6 (3%) were related to temporary exclusion from school and the remainder were uncategorised.

The SEND tribunals disposed of 140 Disability Discrimination claims in 2021/22, up from 110 in the previous year (24% increase). Of these disposals, 79 claims (59%) were decided at hearing, 55 appeals (41%) were withdrawn prior to the hearing taking place, and 1 appeal was conceded. Of those decided at hearing, 71% were dismissed and 29% upheld – compared to 41% dismissed and 59% upheld in 2020/21.

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10. Employment Tribunal and Employment Appeal Tribunal, 2021/22

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Costs and Compensation^{[footnote 5]}

In 2021/22, Sexual Orientation Discrimination claims received the largest average award (£33,000) compared to other discrimination jurisdictions. The highest maximum award in 2021/22 was for Race Discrimination, at £228,000.

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Centrally-collated cost and compensation data is only published for Unfair Dismissal and each of the discrimination-based cases. In 2021/22, there were 630 claims that received compensation for Unfair Dismissal (up 51% compared to 2020/21), where the maximum award was £165,000 and the average (mean) award was £14,000. The number of unfair dismissal claims receiving compensation has been falling since 2010/11, only rising in 2018/19 (from 540 claims in 2017/18 to 660 claims) and 2021/22 (from 420 claims in 2020/21 to 630 claims).

There were 200 discrimination cases where compensation was awarded in 2021/22; the maximum amount awarded (£228,000) was in the Race Discrimination jurisdiction.

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11. Further information

Rounding convention

Figures greater than 10,000 are rounded to the nearest 1,000, those between 1,000 and 10,000 are rounded to the nearest 100 and those between 100 to 1,000 are rounded to the nearest 10. Less than 100 are given as the actual number.

Accompanying files

As well as this bulletin, the following products are published as part of this release:

• A supporting document providing further information on how the data is collected and processed, as well as information on the revisions policy and legislation relevant to trends and background on the functioning of the tribunal system.

• The quality statement published with this guide sets out our policies for producing quality statistical outputs for the information we provide to maintain our users’ understanding and trust.

• A set of overview tables, covering each section of this bulletin, an annual set of tables covering further breakdown of Special Educational Needs and Disability statistics for the Academic Year 2021/22 and one additional set of tables on Employment Tribunals (for ET Management information – Annex C).

• A set of CSV files including data on overall receipts and disposals CSV, covering all tribunal types.

• Additional releases this quarter:

  • Update to the statistical notice on Immigration and Asylum (I&A) Detained Immigration Appeals (DIA) to include data to Q2 2022/23.
  • Annual ET tables covering compensation and costs awarded for discrimination ET appeals.

Future publications

Our statisticians regularly review the content of publications. Development of new and improved statistical outputs is usually dependent on reallocating existing resources. As part of our continual review and prioritisation, we welcome user feedback on existing outputs including content, breadth, frequency and methodology. Please send any comments you have on this publication including suggestions for further developments or reductions in content.

Contact

Press enquiries should be directed to the Ministry of Justice or HMCTS press office:

Annabelle Kime - email: Annabelle.Kime@justice.gov.uk

Other enquiries and feedback on these statistics should be directed to the Data and Evidence as a Service division of the Ministry of Justice:

Rita Kumi-Ampofo or Matteo Chiesa - email: CAJS@justice.gov.uk

Next update: 9 March 2023 (URL: www.gov.uk/government/collections/tribunals-statistics)

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For any feedback on the layout or content of this publication or requests for alternative formats, please contact CAJS@justice.gov.uk

1. The interim totals for the overall volumes of tribunal receipts, disposals and caseload outstanding exclude the Upper Tribunal (Immigration and Asylum Chamber) for which the data is currently not available. See the main tables S_2, S_3 and S_4 for more information. ↩ ↩² ↩³ ↩⁴ ↩⁵ ↩⁶ ↩⁷ ↩⁸ ↩⁹ ↩¹⁰ ↩¹¹ ↩¹² ↩¹³ ↩¹⁴

2. Outstanding caseload is based on a snapshot in time based on the last day of each quarter. ↩

3. Official statistics overview: Universal Credit statistics - GOV.UK (www.gov.uk) ↩

4. The underlying data for Figure 9.1 is the Special Educational Needs (SEN) appeals and outcomes for each academic year (1st September to 31st August) which can be found in SEND_1. The underlying data in Figure 9.2 for the caseload outstanding trendline is from the Special Educational Needs and Disability (SEND) caseload outstanding as at Q2 of each year which can be found in S_4 of the main tables. ↩ ↩²

5. Cost and compensation are awarded per claim, not per jurisdiction. The compensation is usually allocated to the lead jurisdiction in the ET claim only. However, if it is not possible to show which jurisdiction type is the lead, the amount is divided equally for each type. ↩