FOI reference - FOI-354
Date - 24 March 2025
Request
Please can you provide the following, for the last five financial years, including the current financial year:
- The number of employment tribunal claims logged against The Pensions Regulator, broken down by financial year.
- The outcome of employment tribunal claims logged against The Pensions Regulator, concluded in each of these years (I am aware that this will include employment tribunal claims logged before the date range above). For example, XX settled; settled at mediation; judgement in favour of the claimant/respondent, ongoing – broken down by financial year.
- The total amount (£) paid to claimants by The Pensions Regulator in relation to settled. Employment Tribunal claims logged against The Pensions Regulator, broken down by financial year.
Please note that I am not requesting information on any individual claimants, or details of individual claims.
Response
I can confirm we hold the information you requested, but some of it is exempt from disclosure. The reasons for this are explained below.
The table below contains the information.
| 2020/2021 | 2021/2022 | 2022/2023 | 2023/2024 | 2024/2025 | |
|---|---|---|---|---|---|
| The number of employment tribunal claims logged against TPR in the given financial year | 0 | 0 | 2 | 4 | 7 |
| Outcomes of employment tribunal claims logged against TPR in the given financial year | 0 | 0 | 0 | 1 claim dismissed after withdrawal | 1 claim dismissed after withdrawal, 1 claim dismissed, 1 claim settled |
Please note that:
- The year an employment tribunal claim is logged and the year an outcome is determined for that claim may differ.
- The difference between the numbers provided in response to points 1 and 2 of your request reflect a number of claims which remain unresolved (ie without an outcome)
- All listed claims are available here: once there is an outcome. TPR is not in control of the publication of this information.
Information we are unable to disclose
The information requested in point 3 is exempt from disclosure under Section 40(2) of the FoIA. This is because the information constitutes personal data as defined in UK General Data Protection Regulations (UK GDPR). Disclosing this would not comply with the data protection principles, in particular the requirement for processing to be fair, lawful and transparent (Article 5 (1)(a)), as well as to comply with one of the lawful bases for processing in Article 6.
We have considered whether there is a lawful basis for processing/disclosing the information under Article 6(1)(f), on the basis that you may have a legitimate interest in such disclosure. However, in this instance, given the limited number of cases each year (and only one case settled), the probability of identification is high. There is a legitimate expectation that such information would remain private and confidential, particularly if the individual remains an employee. As such, the legitimate interest in disclosure is overridden by interests of the individual’s privacy.