Enforcing ET awards and costs orders

ETs cannot enforce their own awards or costs orders, so if an employer refuses to pay, the claimant must bring separate county court enforcement proceedings. This has led to shockingly low levels of recovery for successful claimants. Ministry of Justice research suggests that nearly 40% of tribunal awards are not paid at all, while 8% are paid only in part.

A claimant whose ET award or Acas settlement has not been paid can apply to the government’s ET Penalties Team, using an Employment Tribunal Penalty Enforcement Form available from the gov.uk website. An enforcement officer will give the employer 28 days to pay and collect the award for the claimant. There is a penalty (50% of the award outstanding, subject to a minimum £100 and maximum £5,000). It halves if the unpaid sum and the penalty is paid within 14 days of the penalty notice. The penalty goes to HM Treasury, not the claimant.

In December 2018, the government announced a naming and shaming scheme to publish online the names of employers who do not pay tribunal awards exceeding £200 (but not Acas settlements) on time. This is yet to happen.