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The impact of enterprise size on employment tribunal incidence and outcomes: Evidence from Britain
journal contribution
posted on 2023-06-08, 09:59 authored by George Saridakis, Sukanya Sen-Gupta, Paul Edwards, David StoreyEmployment Tribunals are the formal means of adjudicating disputes over individual employment rights in the UK. This article hypothesizes that, because small firms favour informality over formality, they are more likely (i) to experience employee claims than large firms; (ii) to be subject to different types of claims; (iii) to settle prior to reaching a formal Tribunal; and (iv) to lose at a Tribunal. Data from the 2003 Survey of Employment Tribunal Applications are used to examine these hypotheses. They are generally supported, although in relation to the third there was no size effect. Furthermore, our results show that firms that have procedures and follow them are more likely to win than those firms that do not have any procedures. Recognizing the benefits of informality, while also ensuring that small firms follow proper standards of procedural fairness, is a policy dilemma that has yet to be resolved
History
Publication status
- Published
Journal
British Journal of Industrial RelationsISSN
00071080External DOI
Issue
3Volume
46Page range
469-499Department affiliated with
- Business and Management Publications
Full text available
- No
Peer reviewed?
- Yes
Legacy Posted Date
2012-02-06Usage metrics
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