Isle of Man Government

R e ilty s £llan VaJtlli".

Tribunals' Centralised Administration

Statistical Reports -Period Ending 31 December 2013

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Overview

Financial Information

Tribunals' Centralised Administration Statistical Reports

INDEX

Information Regarding the Issue of Tribunal Decisions/Website Links

Employment Tribunal - claims received during each year

Employment Tribunal - main jurisdiction of claims received during each year

Employment Tribunal - claims dealt with during each year and awaiting a hearing at year end

Employment Tribunal - outcomes for claims dealt with during each year

Employment Tribunal - average no. weeks from date of claim to referral from Industrial Relations

Employment Tribunal - average no. weeks from date of referral from Industrial Relations to first hearing

Employment Tribunal - average no. weeks from date of claim to first hearing

Employment Tribunal - number of occasions Tribunal convened during each year

Employment Tribunal - further information

Social Security Appeal Tribunal - number and nature of appeals received during each year

Social Security Appeal Tribunal - appeals dealt with during each year and outstanding at year end

Social Security Appeal Tribunal - average waiting times for disability appeals

Social Security Appeal Tribunal - average waiting times for non disability appeals

Social Security Appeal Tribunal - outcomes for appeals dealt with during each year

Social Security Appeal Tribunal - outcomes for paper and oral hearings during each year

Social Security Appeal Tribunal - hearings held during each year

Social Security Appeal Tribunal - Social Security Commissioner decisions

Isle of Man Rent & Rating Appeal Commissioners - appeals received, dealt with & outstanding at year end

Isle of Man Rent & Rating Appeal Commissioners - outcomes for appeals dealt with during each year

Advocates Disciplinary Tribunal - complaints received and dealt with during each year and outstanding at year end

Advocates Disciplinary Tribunal - outcomes for complaints dealt with during each year

Mental Health Review Tribunal - appeals received, dealt with & outstanding at year end

Mental Health Review Tribunal - outcome for appeals dealt with during each year

Work Permit Appeal Tribunal - appeals received, dealt with & outstanding at year end

Work Permit Appeal Tribunal - outcomes for appeals dealt with each year

Work Permit Appeal Tribunal - average waiting time from date of appeal to hearing date

Statistical report for period ending 31 December 2013 Overview, including financial information

Claims! Appeals received The following table gives an overview, in respect of the three year period ending 31 December 2013, of the annual number of claims/appeals

received by each Tribunal.

Table 1 - Overview

Tribunal 2011 2012 2013

Employment Tribunal* 111 129 179

Social Security Tribunal 43 52 44

Isle of Man Rent & Rating Appeal Commissioners 20 60 13

Advocates Disciplinary Tribunal 14 16 13

Mental Health Review Tribunal 13 11 21

Work Permit Appeal Tribunal 10 10 24

Financial Services Tribunal + 8 0 1

Collective Investment Schemes Tribunal + 2 0 0

Isle of Man Income Tax Commissioners + 1 1 1

Isle of Man Data Protection Tribunal + 0 1 0

Civil Service Appeals Tribunal + 0 2 0

Health and Safety Tribunal + 0 0 1

Legal Aid Appeals Tribunal** + 0 0 1

Total 222 282 298

* Included in the figure for 2013 are 65 claims of Unfair Dismissal and 23 claims of Unlawful deductions from Pay brought by various Bus Drivers

against the Dept. of Community, Culture and Leisure.

**The Legal Aid Appeals Tribunal was established in March 2013 under the provisions of the Legal Aid (Amendment) Act 2012 + NB - no graphs have been produced in relation to these Tribunals due to the low volume of claims/appeals

Page 1

Financial Information

The following table provides details of the average cost to the Tribunals' Centralised Administration of each case dealt with by the Tribunal during 2013, together with

details of the comparative figure in 2012. The table also provides a comparative for each year of the highest single case cost dealt with by each Tribunal.

The costs shown are only those related to the payment of members' expenses and the costs incurred by the Chairperson(s) preparing for the hearing and writing the

decision afterwards. Please note that costs incurred through the administration, be that staff or accommodation related costs, have not been included.

Table 2 - Financial Information

Average Cost (£) Highest single case cost (£] Tribunal 2012 2013 2012 2013 The Employment Tribunal £1,338.75 £1,339.09 £7210.17' £5418.52'

The Social Security Appeal Tribunal £398.79 £361.58 £2,372.93 £1,054.47 Rent & Rating Appeal Commissioners III £94.62 £74.16 £1,036.55 £1,015.69 The Advocates Disciplinary Tribunal '" £920.03 £981.44 £2,914.85 £1,641.00 The Mental Health Review Tribunal IJ) £1,408.00 £1,225.30 £2,441.54 £3,276.91

The Work Permit Appeal Tribunal £674.90 £537.39 £987.86 £792.04

The Financial Services Tribunal £5,090.36 - £5,090.36 -The Isle of Man Copyright Tribunal £1,824.00 - £1,824.00 -

The Health and Safety Tribunal ", - £156.00 - £156.00

The Leqal Aid Appeal Tribunal - £792.15 - £792.15 !OM Income Tax Comm. Tribunal I" £483.60 £578.99 £483.60 £578.99

, Excludes the costs associated with the 88 claims brought by the various Bus Drivers which required the Tribunal to convene on 10 separate occasions

throughout 2013 and 2014, and which in total amounted to £22,739.67 or an average of £258.41 per case.

(1) Rent & Rating Appeal Commissioners - the average cost of each 'Rent' matter heard in 2013 was £152.65 (compared to £52.00 in 2012), each 'Rate' matter

averaging £52.99 (£88.00 in 2012) and the cost of one on-going Property Service Charge case was £1015.69 (£309.00 average in 2012).

(2) Advocates Disciplinary Tribunal - in addition to the average cost shown, the Tribunal meets on a monthly baSis during which a number of cases may be

discussed and progressed by the Tribunal. The average costs of the monthly meetings was £609.72 (compared to £701.16 in 2012).

(3) Mental Health Review Tribunal - the highest single case cost arose in respect of a matter that required multiple hearings and which

concerned a unique area of the Tribunal's jurisdiction.

(' )The Health and Safety Tribunal - costs incurred relate to a Directions hearing only, following which the matter was dismissed without a further hearing.

(S) The Isle of Man Income Tax Commissioners Tribunal - the cost here relates to a single appeal which was received in 2013 but heard early in 2014.

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Time taken for decision of Tribunal to be issued

Ultimately, it is the issue of the Tribunal's decision that ordinarily brings closure to the parties appearing before the Tribunal, subject of course to any rights of

review or appeal that apply, and it is therefore incumbent on Tribunals to expedite the issue of their decision as quickly as possible. In many cases,

such as the Social Security Appeal Tribunal and the Rent and Rating Appeal Commissioners it is the practice of the Tribunal to issue the decision

to the parties at the conclusion of the hearing, whereas in other cases, such as the Mental Health Review Tribunal, the time scale for the issue of the

decision is fixed in legislation.

Of the other Tribunals, the average time to issue their decisions following the hearing is:

• Employment Tribunal - eight weeks (see page 9 of the report for further details)

• Advocates Disciplinary Tribunal - less than three weeks

• Work Permit Appeal Tribunal - three weeks

• Financial Services Tribunal - no decisions were issued in 2013

• Isle of Man Income Tax Commissioners - no appeal decisions were issued in 2013

• Data Protection Tribunal - no decisions were issued in 2013

• Civil Service Appeals Tribunal - no decisions were issued in 2013

• Health and Safety Tribunal - no decisions were issued in 2013

• Legal Aid Appeals Tribunal - less than one week

Additional Information - Websites

Tribunal vacancies are advertised in the local press as and when they arise. However, any person interested can check for vacancies on the following website:

www.gov.imlregistriesltribunalslvacancies.xml

Tribunal hearings - for any person interested in observing at a Tribunal hearing, or indeed any person serving on a Tribunal, please note that details of future

hearings can be viewed and/or checked on the Tribunals' website: www.gov. imlregistriesltribunalslhearings info.xml

Tribunals - further information about the various Tribunals the Tribunals' Centralised Administration support can be viewed at: www.gov.imlreaistriesltribunals

Employment Tribunal Decisions - please note all decisions issued by the Employment Tribunal, since 1 November 2006, can be viewed at:

www.gov.iml reaistries{Tribunalslemployment decisions.xml

Social Security Commissioner Decisions - all decisions issued by the Commissioner in the Isle of Man since 1993 can be viewed at:

www.gov.imlregistriesltribunalslssc decisions.xml Page 3

Graph 1

Graph 2

Employment Tribunal - Claims Received During Each Year

200 179 190

180

170

160

150 129 140

130 1 111

120

110

100 2011 2012 2013

Employment Tribunal - Main Jurisdiction of Claims Received During Each Year

120

100 84

80

54 52 60 • Unfair Dismissal

40 • Unlawful Ded. from Pay

• Sexual Discrimination

1 2 • Other 20 3 2 I e 7 o • ,,,,,,' • ,/

2011 2012 2013

Claims received included 88 brought by various Bus Drivers of which 65 were claims of Unfair Dismissal and 23

were claims of Unlawful Deductions from Pay. Page 4

Graph 3

160

140

120

100

80

60

40

20

0

Employment Tribunal- Comparison of Claims Dealt with During Each Year and Awaiting a Hearing at Year End

129

2011 2012

131

2013

• Claims Dealt with

• Claims Before the

Tribunal

Chart does not include cases at conciliation. The figure of 131 for "Claims Dealt with" includes 23 Bus Driver claims for Unlawful Deductions from Pay which were dismissed following a Pre-hearing Review

and 2 Bus Driver claims of Unfair Dismissal which were dismissed as being "out of time". 63 Bus Driver Claims of Unfair Dismissal were concluded during 2014

and have therefore not been included in the above figures. The figure of 12 cases awaiting a hearing at the end of 2013 includes 1 case subjecl to a stay due to High Court proceedings - there were 4 such cases

at the end of Dec. 2011 and 2 such cases at the end of Dec. 2012.

Page 5

Graph 4

Graph 5

90

80

70

60

50

40

30

20

10

0

Employment Tribunal - Outcomes for Claims Dealt with During Each Year (irrespective of when the claim was received)

79 73

2011 2012 2013

• Adjourned

• Withdrawn

• Settled at Conciliation

• Claim Heard

• Struck-Out

The 2013 figure of 42 for "Claim Heard" includes 23 Bus Driver claims for Unlawful Deductions from Pay which were dismissed following a Pre-hearing Review

and 2 Bus Driver claims of Unfair Dismissal which were dismissed as being "out of time". Claims are "struck-out" when they have not been actively pursued, for example as a result of a Claimant failing to maintain contact.

I 40

35

30

25

20

15

10

5

0

Employment Tribunal - Average No. Weeks from Date Claim Received to Date of Referral from Industrial Relations Officer Indicating Matter is unlikely to Settle at Conciliation

(Please note the Tribunals Office has no control or influence on the time periods indicated

27

-.-No. of weeks

Feb·11 Jul·11 Dec·11 Jul ·12 Nov-12 Feb·13 Jul ·13 Dec-13

Page 6

Graph 6 25

20

15

10

5

o

Graph 7 I 60

SO

40

30

20

10

o

Employment Tribunal - Average No. weeks from Date of Referral from Industrial Relations Officer to First Hearing Date before the Tribunal

6

8 7

~ No. of weeks

Feb-11 Jul-11 Oec-11 Jul-12 Nov-12 Feb-13 Jul-13 Oec-13

Employment Tribunal - Average No. weeks (including time at conciliation) from Date of Claim to First Hearing Date

34 32

27 26

15

_ No.olweeks

Feb-11 Jul-11 Oec-11 Jul-12 Nov-12 Feb-13 Jul-13 Oec-13

Page 7

Graph 8 Employment Tribunal - Number of Occasions Tribunal Convened During Each Year

60

46

50 43

38

40

30

20

10

o I ,F

2011 2012 2013

The multiple hearings throughout 2013, and continuing in 2014, for the Bus Driver cases have not been included in the above figure

for 2013 - the Tribunal convening on 10 separate occasions to deal with these matters.

Page 8

Further Information regarding the Employment Tribunal

The average time for the Employment Tribunal to issue a written Decision (following a full hearing or Pre-hearing Review, but excluding any interlocutory matters)

in 2013 was eight weeks, compared to four weeks in 2012. It is important to note that in producing a written decision, time is taken not only when the decision is initially drafted by the Chairperson, but also when such is typed-up and then passed for consideration/input by the members of the Tribunal before any final amendments are made by the Chairperson and ultimately the decision is signed, issued to the parties and published on the public register of decisions.

Written decisions may extend to many pages given the requirement in the Tribunal Rules to include the following: issues identified as being relevant to the claim; what issues were not determined and why they were not; findings of fact relevant to the issues determined; a concise statement of the applicable law; how the relevant findings of fact and applicable law have been applied in order to determine the issues; and a table or description showing how any compensation or award has been calculated.

In calculating the average, the following was noted:

• in 2013 one decision was issued within one week of the hearing taking place. In 2012 nine decisions were issued in the same timescale; • in 2013 four decisions were issued within four weeks of the hearing taking place. In 2012 nine decisions were issued in the same timescale; • in 2013 five decisions were issued within seven weeks of the hearing taking place. In 2012 five decisions were also issued in the same timescale; • in 2013 three decisions were issued within ten weeks of the hearing taking place. In 2012 three decisions were also issued within the same timescale; and • in 2013 three decisions took sixteen weeks to issue, with the longest period to issue a decision being 17 weeks although in this case further information

was awaited from the parties following the hearing before the decision could be finalised. In 2012 the longest period to issue a decision was fourteen weeks.

Due to the unique and complex nature of the multiple Bus Driver claims they have not been included in the above figures, however a decision in respect of 23 of those claims was issued within one week of the hearing in June 2013 and, although a matter for a subsequent statistical report, it is worth noting that the decision in respect of the Unfair Dismissal test cases, covering 63 claims and some 206 pages long, was issued to the parties in March 2014 within five weeks of the final hearing.

In terms of the number of days spent in hearing the above cases (those used to calculate the average time to issue a decision - substantive hearing only with parties present): • in 2013 fifteen cases were heard within one day. In 2012 twenty four cases were heard within one day; • in 2013 two cases were heard over two days, three cases being heard over two days in 2012.

In 2013 the Employment Tribunal dealt with four applications for postponement/adjournment of proceedings, three of those applications being made by the Claimant. In 2012 the Tribunal dealt with five such applications, two of which were made by the Claimant.

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Graph 9

Graph 10

70

60

50

40

30

20

10

0

70 -,

60

50

40

30

20

10

Social Security Appeal Tribunal- Number and Nature of Appeals Received During Each

Year

• Disability

• Others

2011 2012 2013

Social Security Appeal Tribunal - Comparison of Appeals Dealt with During Each Year and Outstanding at Year End

• Disability

• Others

• Outstanding

o I (' 2011 2012 2013

Page 10

Graph 11 14 Social Security Appeal Tribunal- Average Waiting Times for Disability Appeals

12

10

8 7 7

6 ~ ~ 6 5 5 V- ... • •

4

2 _ No. of weeks

0

Apr-11 Aug-11 Mar-12 Oec-12 Mar-13 Jul-13

Graph 12 I 14 Social Security Appeal Tribunal- Average Waiting Times for Non Disability Appeals

12

10

8 7

6 5 4

4

2 _ NO. of weeks

0 Jan-11 Jul-11 Oec-11 Jul-12 Nov-12 Jul-13 Nov-13

Page 11

Graph 13

40

35

30

25

20

15

10

5

0

Graph 14

30

25

20

15

10

5

0

Social Security Appeal Tribunal- Outcomes for Appeals Dealt with During Each Year

24 • • Reviewed by Dept

• Withdrawn

• Null and Void

• Struck Out

• Dismissed

• Allowed

• Allowed in part 2011 2012 2013

Social Security Appeal Tribunal- Comparison of Outcomes for Paper and Oral Hearings During Each Year

19

13 12 • Paper Hearing - Allowed

• Paper Hearing - Dismissed

• Oral Hearing - Allowed

• Oral Hearing - Dismissed

2011 2012 2013

Page 12

Graph 15

Graph 16

Social Security Appeal Tribunal- Hearings Held Each Year

35 29

30

22 25

20

15

10 2011 2012 2013

Multiple cases are normally listed for each hearing. In 2012 and 2013 hearings before disability and non-disability Tribunals,

which are differently constituted, have been counted separately when they have convened on the same day.

4 Social Security Commissioner Decisions During Each Year

3

2

1 1 • Decision Upheld

1 • Decision Overturned

• Refused hearing by Commissioner o 0 0 o 0 0 0

• Referred back to Tribunal o 2011 2012 2013

When expressed as a percentage of the total no. of appeals received in each year, Commissioner Decisions in 2011

and 2012 account for 2.3% (lout of 43) and 1.9% (lout of 52) respectively. There were no Commissioner Decisions in 2013.

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Graph 17

Graph 18

70

60

50

40

30

20

Isle of Man Rent and Rating Appeal Commissioners - Appeals Received and Dealt

with During Each Year and Outstanding at Year End

• Appeals received

• Appeals Dealt with

• Outstanding

w l ~

2011 2012 2013

Appeals dealt with in 2013 included 39 rating objections in respect of the same apartment block

Isle of Man Rent and Rating Appeal Commissioners - Outcomes for Appeals Dealt with During Each Year

50 43

40

30

20

8 10

0 2011 2012 2013

• Allowed

• Dismissed

• Withdrawn

• No Jurisdiction

• Settled

Page 14

Chart 19

Chart 20

30

25

20

15

10

5

0

25

20

15

10

5

o

23

Advocates Disciplinary Tribunal - Complaints Received and Dealt with During Each Year and Outstanding at Year End

• Complaints received

• Complaints completed

• Complaints outstanding

2011 2012 2013

Advocates Disciplinary Tribunal - Outcomes for Complaints Dealt with During Each Year

15

• Upheld

• Dismissed

• Withdrawn

• Outstanding

2011 2012 2013

In 2013 three of the matters outstanding at year end were subject to Sub-Judice Stays.

Page 15

Graph 21

Graph 22

25

20

15

10

5

0

Mental Health Review Tribunal - Appeals Received and Dealt with During Each Year and Outstanding at Year End

• Appeals Received

• Appeals Dealt with

• Outstanding

2011 2012 2013

Appeals are brought by patients under Sec. 2 or Sec. 3 of the Mental Health Act 1998. Sect. 2 appeals have to

be heard within 7 days and in the above totals for 2011, 2012 and 2013 amount to 11, 6 and 8 respectively.

16 Mental Health Review Tribunal - Outcomes for Appeals Dealt with During Each Year

14 12

12

10

8

6 • Appeals Dismissed

• Patient to be Discharged 4

• Withdrawn

2 • Transferred to UK

0 2011 2012 2013

Page 16

Graph 23

Graph 24

60

50

40

30

20

10

0

25

20

15

10

5

Work Permit Appeal Tribunal- Comparison of Appeals Received and Dealt with During Each Year and Outstanding at Year End

24

• Received

• Dealt with

• Outstanding

2011 2012 2013

Work Permit Appeal Tribunal - Outcomes for Appeals Dealt with During Each Year

12

• Dismissed

• Allowed

• Referred back to Comm

• Withdrawn

o I ,/ 2011 2012 2013

Page 17

Graph 25

13 Work Permit Appeal Tribunal - Average No. weeks from Date of Appeal to Hearing Date

11

I 9 9 8 8

7 6 6

5

3 __ Average No. of weeks

1 Feb·11 Apr-11 Sep-11 Oct-11 Feb-12 Sep·12 Nov-12 Jan·13 May-13 Aug·13 Nov-13

For further information on the individual Tribunals please follow this link: www.qov.im/reqistries/tribunals

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