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Wednesday, 3 October 2023

Enforcing an Employment Tribunal decision

If you are having problems getting Employment Tribunal decisions applied, there are things you can do. Find out what to do if your employer hasn't paid or reinstated you, despite being ordered to. Find out what to do if your employer hasn't followed formal recommendations in a discrimination case.

If you have not received the money which the Tribunal awarded

If you were awarded money by an Employment Tribunal, but your employer has not paid you, it’s possible to get the decision enforced.

In England and Wales

In England and Wales, you can ask your local county court to enforce payment as soon as you have received the written judgment.

Find the county court address by using the Courts Service CourtFinder.

The county court will need to see your copy of the Employment Tribunal's judgment. It will also need a copy of any recoupment notice sent to you by Jobcentre Plus.

The court's enforcement officers will ask your employer for the money you're owed. The employer will have to repay any benefits you received to Jobcentre Plus (the amount will be in the recoupment notice, and is taken from your total award).

Staff at the county court will explain the methods of enforcement available.

They may ask you for a certified copy of the judgment. A certified copy has an official stamp on it to prove that it's a real copy of the original written judgment. It says how much money your employer owes you. You can get one free of charge by writing to:

The Secretary of the Tribunals
First Floor
100 Southgate Street
Bury St Edmunds
IP33 2AQ

Making your employer pay using the Fast Track scheme

You can use a new Fast Track scheme, which is designed to speed up and simplify the process of enforcing an award.

The scheme allows a High Court Enforcement Officer (HCEO), authorised by a court, to take things belonging to the employer and sell them to pay the amount owed. Sometimes the threat of this is enough to make the employer pay.

If you use this scheme, it is usually the HCEO who will start and complete the court process for you. You need to pay £60 in court fees, but you will get this back from the employer, on top of the money they owe you.

To use the Employment Tribunal Fast Track scheme, download an application form using the link below. When you submit it, you may also have to provide a copy of the Employment Tribunal judgment. You can get a certified copy free of charge by writing to the Secretary of the Tribunals, using the address above.

Extra court costs

If your employer fails to pay your award on time, they will have to pay any extra court costs you've had to cover. It doesn't matter if you've used the Fast Track scheme or another method. Their details may also be put on a database, which everyone can see, for up to six years.

In Scotland

In Scotland you should write to the office where your case was heard, asking for an 'extract' of the judgment. The Secretary will issue an extract to you, which a Sheriff Officer may use to enforce the payment.

You can't get the extract until the end of the time allowed for appeal to the Employment Appeal Tribunal. This is 42 days from the date the judgment was sent to you. Once the extract has been issued, the tribunal can't do any more to help you with enforcement.

Enforcing orders for reinstatement, re-engagement and recommendations

If your employer has not carried out an order or followed a recommendation, you should write to the Employment Tribunal office dealing with your case. This can include an order to reinstate or re-engage you.

You must do this as soon as the date for your employer to comply with the order has passed.

The Employment Tribunal will arrange a further hearing and it may order your employer to pay you extra compensation.

Redundancy and other payments and insolvent employers

The Redundancy Payments Service can help if the Tribunal has decided that you are entitled to a redundancy payment and your former employer hasn't paid.

It can also help if your former employer is now insolvent and has failed to meet an award for:

  • unpaid wages
  • holiday pay
  • notice pay
  • guarantee pay
  • a basic award in unfair dismissal
  • remuneration under a protected award

You can contact the Redundancy Payments Service at the relevant address below.

Redundancy Payment Office contact details

Birmingham, Cambridgeshire, Cheshire, Cornwall, Derbyshire, Devon, Dorset, Essex, Gloucestershire, Hampshire, Herefordshire, Isle of Wight, Lancashire, Leicestershire, Lincolnshire, Manchester, Norfolk, Northamptonshire, Nottinghamshire, Oxfordshire, Rutland, Shropshire, Somerset, Staffordshire, Wales, Warwickshire, West Midlands, Wiltshire and Worcester are covered by:

Redundancy Payment Office
7th-9th Floor
Hagley House
83-85 Hagley Road
Birmingham
B16 8QG

Bedfordshire, Berkshire, Buckinghamshire, Hertfordshire, Kent, Suffolk, Sussex and Surrey are covered by:

Redundancy Payment Office
PO Box 15
Exchange House
60 Exchange Road
Watford
WD1 7SP

Cleveland, Cumbria, Durham, Merseyside, Northumberland, Scotland, Teesside, Tyne and Wear and Yorkshire covered by:

Redundancy Payment Office
Ladywell House
Ladywell Road
Edinburgh
EH12 7UR

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