Recouping benefits from employment tribunal awards
Recouping benefits from employment tribunal awards

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

  • Recouping benefits from employment tribunal awards
  • Awards to which recoupment applies
  • Benefits to which recoupment applies
  • Machinery for recoupment

Recouping benefits from employment tribunal awards

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.

Certain awards are subject to the right of the Department for Work and Pensions (DWP) to recover, out of any monetary award obtained by the claimant, the costs of any jobseeker's allowance, income-related employment and support allowance, universal credit or income support the claimant has been paid prior to the conclusion of the tribunal proceedings.

Awards to which recoupment applies

Monetary awards to which the Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996, SI 1996/2349 (Recoupment Regs 1996) apply include those made in proceedings in respect of claims for:

  1. guarantee payments (see Practice Note: Guarantee payments)

  2. unfair dismissal, including a compensatory award, an additional award and interim relief (see Practice Note: The unfair dismissal compensatory award)

  3. protective awards (see Practice Note: Protective awards), and

  4. remuneration for a period of medical or maternity suspension (see Practice Note: Risk assessments, suspension or removal from work relating to maternity)

The full list of relevant monetary awards is set out in the Schedule to the Recoupment

Popular documents