Enforcement

There is a major problem with non-payment of awards by employers that have lost in the tribunal.

A 2009 Ministry of Justice study, Research into Enforcement of Employment Tribunal Awards in England and Wales, revealed that approaching half of claimants who were successful in the tribunal had not been paid the compensation ordered. Specifically, 18 months after their hearing, 39% of successful claimants had been paid nothing by their employer at all and an additional 8% had only been paid part of what was due.

The traditional method of enforcement is by completing form N322A and submitting it to the County Court in order to obtain a County Court Judgment (often referred to as a CCJ). Once you have a CCJ you can apply for a warrant of execution (sending bailiffs to collect payment or goods); an attachment of earnings (a deduction from wages where an individual was the named respondent); a third party debt order (e.g. to freeze the organisation’s bank accounts); or a charging order (applied to land or property to stop attempts to sell).

There is also a fast track enforcement procedure. Under this simplified system a High Court Enforcement Officer has the power to seize the employer’s property and sell sufficient items to pay you your award.

For more information on how to secure a County Court Judgment see:http://hmctsformfinder.direct.gov.uk/courtfinder/forms/ex321-eng.pdf, and for more information (as well as the form) on how to access the fast track enforcement procedure see: http://hmctsformfinder.direct.gov.uk/courtfinder/forms/ex727-eng.pdf

In his review of tribunal procedures, Lord Justice Underhill proposed that where an award of compensation made by a tribunal has not been paid, interest should accrue from an earlier date. Currently, it is not until 42 days after the award is made that interest starts to accrue (other than in equal pay and discrimination cases). The government intends that interest should start to accrue 14 days from the day after the date that the judgment was sent to the parties.