Sex discrimination claims overload tribunal service

Women workers are bringing record numbers of claims for unfair treatment at work, placing a huge strain on the employment tribunal system.

Between 2005 and 2006 cases for sex discrimination and equal pay more than doubled with thousands more still waiting for a hearing date. The growth in gender pay litigation is expected to continue, leading to calls for radical reforms of the system.

Jenny Watson, the outgoing chair of the Equal Opportunities Commission (EOC), said that the 30-year-old equal pay legislation was no longer fit for purpose.

The EOC now wants to see an obligation placed on employers to conduct an "equality check" to see if they have a gender pay gap and take action to tackle its causes. In return, they might be able to qualify for a "protected period" from individual claims.

Ms Watson said: "Let's be clear about what we're proposing – legal protection has to be earned. What we're saying is, in return for accepting a legal obligation to check their pay systems are free from discrimination and taking robust steps to put their house in order should they find they have a problem, we think employers should have some breathing space from individual claims for a limited period."

Employment Tribunal figures released earlier this month showed equal pay claims increased by 155 per cent on 2005-06, rising to 44,013.

The crisis caused by the growing number of claims in the public sector could soon spread to the private sector. An army of no-win no-fee lawyers currently pursuing claims against public bodies are expected to turn to the private sector, where the pay gap is even higher.

In October, the EOC is to be subsumed into a body also covering race and disability.