Enforcement of employment tribunal awards and Acas COT3 settlements
Enforcement of employment tribunal awards and Acas COT3 settlements

The following Employment guidance 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
  • Naming of employers who fail to pay employment tribunal awards
  • Enforcement via County Court
  • Death of claimant

UPDATE: On 26 September 2018 the Law Commission launched a Consultation paper on Employment Law Hearing Structures seeking views on how the shared jurisdictions of the employment tribunal, Employment Appeal Tribunal and the civil courts could be improved upon, including the jurisdictional boundaries between them, areas of shared and exclusive jurisdiction, restrictions on employment tribunal jurisdiction and the handling of employment cases in civil courts involving employment and discrimination matters. The consultation questions include whether employment tribunals should have their own enforcement powers relating to payments of money [Q50]. For further information, see LNB News 27/09/2018 41.

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 its 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