Enforcement of employment tribunal awards and Acas COT3 settlements

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Enforcement of employment tribunal awards and Acas COT3 settlements
  • BEIS penalty scheme for failure to pay an employment tribunal award or COT3 settlement
  • Penalty scheme
  • Naming of employers who fail to pay employment tribunal awards
  • Enforcement via County Court
  • Filing tribunal judgment in the County Court
  • Acas and employment tribunal fast track enforcement procedure
  • Enforcement of award when appeal pending
  • Death of claimant

Enforcement of employment tribunal awards and Acas COT3 settlements

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until further notice are operating in accordance with the Presidential guidance and directions now issued, which profoundly affect normal practice. See Practice Note: Operation of employment tribunals during the coronavirus (COVID-19) pandemic for full information.

The main ways in which an individual can pursue and seek enforcement of an unpaid tribunal award or sum agreed to be paid as part of an Acas conciliated (COT3) settlement are to:

  1. put pressure on the employer to pay by registering the unpaid amount with the Department for Business, Energy and Industrial Strategy (BEIS) penalty scheme

  2. file a copy of the judgment with the County Court and use that court’s general enforcement processes

  3. use the Acas and employment tribunal fast track enforcement procedure

An employer who fails to pay an employment tribunal award which has been registered with the BEIS penalty scheme, can also be ‘named and shamed’ if the worker agrees. The naming scheme does not currently apply to COT3 settlements.

These processes are considered in detail below.

BEIS penalty scheme for failure to pay an employment tribunal award or COT3 settlement

Penalty scheme

Enforcement officers appointed or authorised by the Secretary of State for BEIS have the power to issue financial

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