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Working Hours: Tribunals

Volume 475: debated on Monday 12 May 2008

To ask the Secretary of State for Business, Enterprise and Regulatory Reform how many claims about (a) working hours and (b) flexible working by employees in the (i) public sector and (ii) private sector were accepted for hearings by employment tribunals in each year since 1997; and in how many such cases the tribunals found in favour of the claimant. (201908)

I have been asked to reply.

The information requested is in the following tables:

Table 1: Working hours and flexible working hours data

Jurisdiction accepted1

Disposals2, 3

Cases disposed of at hearing

Number of successful at hearing

1997-98

4

4

4

4

1998-99

1,326

1999-2000

5,595

1,376

209

119

2000-01

6,389

3,475

906

583

2001-02

4,980

4,367

986

521

2002-03

6,436

3,497

849

426

2003-04

516,869

4,099

678

459

2004-05

3,223

12,255

9,471

9,249

2005-06

35,474

9,388

1,986

1,374

2006-07

21,127

33,607

4,057

2,983

1 Table 1 shows the number of claims under the Working Time Directive and includes cases where working time directive is not the main jurisdiction. A claim may be bought under more than one jurisdiction or subsequently amended or clarified in the course of proceedings. Table 1 does not include claims brought under Flexible Working Hours (these are detailed in Table 2). 2 This includes cases where there was an ACAS conciliated settlement, withdrawn cases, default judgments and cases disposed of otherwise. 3 The disposal figures for 1999-2000 include cases where working time directive was the main jurisdiction cited. 4 Data not held. 5 The increase in 2003-04 is due to a large multiple case heard at Watford. Notes: 1. Taken from Annual Reports 1999-2000 to 2006-07. 2. The information above includes both public and private sector as the information is not available separately.

Table 2: Flexible Working Hours

Receipts1, 2

2004-05

271

2005-06

247

2006-07

233

2007-08

271

1 Receipts are all applications registered by the employment tribunals where Flexible Working Hours was one of the jurisdictions or main jurisdiction cited. 2 In the annual report Flexible Working cases are reported on in the 'Other' category and cannot be separated out, therefore only the receipts can be provided, the receipt figures come from the management board statistics produced for ETS and a breakdown of jurisdictional receipts incl. flexible working hours cases were only reported on from September 2004. In the annual reports flexible working hours cases would be included in the 'Others' description so a breakdown cannot be provided from the published statistics. Notes: 1. Figures taken from Management Statistics produced for ETS. 2. Table 2 shows the number of claims brought under Flexible Working Hours. 3. Figures are not available for the financial years 1997-08 to 2003-04