Workplace adjudication on the rise: Why tribunal insurance matters

If you were to look at a dashboard of the latest workplace adjudication in Ireland, it does not make particularly good reading.

Over the summer, the Workplace Relations Commission (WRC) published its annual report for 2024 and it showed that there had been an 18% rise in complaint applications received. That was 7,316 in total.

The most common reasons for complaint were related to:

• Pay issues – 27%

• Unfair dismissals – 15%

• Discrimination, equality and equal status – 14%

Behind the trends

The Equal Status Acts 2000 is becoming increasingly prominent, with a 44% rise in referrals brought under it. That represented a total of 615 of the cases.

There is a sense that things are not going to get any better for employers. In September 2024, the WRC launched an eComplaint form making it easier for employees to raise complaints with the WRC. Coming in the back end of 2024, this will only have had a limited effect on its figures. 2025 will be the first full year that reflects the new eComplaint form so we may expect continuing upwards pressure from its use.

The WRC also said themselves that adjudication cases are taking longer to hear, due to both increased complexity and late filing of submissions. Should you be dragged into a case, this means it will take longer to defend, potentially being a greater drain on your time and resources.

For your reference, 16% of decisions made by the WRC were then appealed to the Labour Court, further drawing out the process.

Your lifeline: Tribunal indemnity insurance

We have long woven tribunal indemnity insurance into our retained service, called Advice Line. A lifeline, bullet-proof vest, call it what you will, you may find it a lifesaver for your business. And now, as cases rise, it is even more valuable than ever.

Regardless of whether you win or lose, when an employee takes you to an employment tribunal, it will cost you time, energy and money to defend it. Even if you are successful, you are unlikely to recover your costs from the claimant. And if you lose, you may have to pay compensation (potentially unlimited), plus costs.

Clients of our Advice Line, however, are protected. There is no pre-qualifying. All you have to do, is carefully follow our advice from the outset of a case.

Not only do you get real-time HR advice that can help you navigate complex HR scenarios correctly, significantly reducing the chance of a claim; but should someone try it on, your policy will pay for your legal representation and, should you lose, your financial penalties.

You are not just getting protection from the heavy costs you could experience, but also valuable peace of mind – so precious to busy business owners.

Get protected

If you are interested in further HR support, including tribunal indemnity insurance, please get in contact with us today. We can explain more and provide a bespoke quote to you based on the size and complexity of your organisation.