Enforcement of an Employment Tribunal Award

Enforcement of an Employment Tribunal Award

Fast Track Enforcement

Unfortunately, despite winning you case at the employment tribunal the employer might not pay you the amount you are awarded. If this happens to you then you can attempt to enforce the Judgment by using the Fast Track enforcement scheme. Details of the scheme can be found in the resources section.

The scheme also covers an employer’s failure to pay an ACAS settlement agreement, although this is less likely to happen than the non-payment of an employment tribunal judgment.

Fee Remission

The current fee for the Fast Track scheme is £65. If you are on a low income you can apply for a fee remission and you might have to pay nothing or a contribution towards the full cost. The remission form should be sent along with the application form. The remission form can be found in the resources section.

Penalty Enforcement Scheme

Alternatively, you could complete the penalty enforcement form and ask for the employer to be fined for failing to pay you the compensation awarded. The employer will be given 28 days to make the payment. Details of the scheme and the application form can be found in the resources section.

Employer Unable to Pay

The Fast Track scheme will only be successful if the employer has assets that the High Court Sheriff can seize to meet the amount owed. This will not always be the case, for example the vehicles used by the company might be leased. If there are insufficient, or no assets, then you will probably not be able to get the money you are owed. If this is the case, then you should contact us to discuss other options.

Insolvency Service

If the employer has gone into liquidation, then you can apply to the Insolvency Service. The Insolvency Service might be able to pay you for some of the money awarded by the employment tribunal. This includes the basic award, redundancy, notice pay, accrued holiday and up to 8 weeks’ wages.

You can check the status of the company and whether it is in liquidation by searching on Companies House.