Enforcing tribunal awards and costs orders

Tribunals 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 tribunal 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, minimum £500 and maximum £5,000). It halves if the award is paid in 14 days. The penalty goes to HM Treasury, not the claimant.

Since December 2018, there is also a government naming and shaming scheme to publish the names of employers who do not pay tribunal awards (but not Acas settlements) on time. Claimants must register for both schemes. No employers have been “named and shamed” as yet.