employment tribunal?

Question

i have just won a case against an employer,but there still refusing to pay.do i have to go to their local county court or my local county court to enforce payment.any advice welcomed

Answer 1

Employment Tribunals Act 1996 s. 15 reads as follows:

Employment tribunals have no power to enforce their awards. Instead, any cash award made by an Employment Tribunal must be enforced through the county court "as if it were payable under an order of that court" (ETA 1996 s.15(1)).

Similar rules apply for Scotland. There the award "may be enforced in like manner as an extract registered decree arbitral bearing a warrant for execution issued by the Sheriff Court of any Sheriffdom in Scotland" (ETA 1996 s.15(2)).

In England & Wales there are two preliminaries to enforcement:

(i) The award must be registered (ie under rule 32 of the employment tribunal rules of procedure - see Procedure of Employment Tribunals/2004 rules/rule 32 - the Register ). Copies must be sent to the parties (under rule 29(2) - see Procedure of Employment Tribunals/2004 rules/rule 29 - form and content of judgments ).

(ii) The county court must first make an appropriate order (ETA 1996 s.15(1) - there is a suitable application form on the Courts Service website at www.hmcourts-service.gov.uk/courtfinder/forms/n322a.pdf

This seems, by the way, to be a very common problem. http://www.citizensadvice.org.uk/index/pressoffice/press_index/press-050401.htm. I hope it works out well for you.

Answer 2

You should enforce it through their local county court.

I won the ET award last June and still have not received it. I am thinking of winding my former employer up.

The government should give more power to the ET!

You can check my website www.haveyoursay.info

Answer 3

You have discovered the perils of winning a lawsuit. Now you have to collect. You can go through the courts again, and get authority to attach their bank account(s). You can send them letters. Or you can try to sell the judgment to a collections agency, likely only for pennies on the dollar. Good luck, but just because you won doesn't mean you will get the money.

Answer 4

The long answer is correct. Do advise the Employment Tribunal however, as they ought to have information about poor employers in their domain.

Answer 5

yes, if you've won your case they have no choice but to pay. it's the law. if they don't comply they could get in even more trouble and have to pay out a lot more. sounds like the management is not running the place all to well.

Answer 6

See a solicitor.