Fast track scheme to enforce tribunal awards
Workers awarded payouts from their former employers at Employment Tribunals will be given extra help to ensure they receive their payments under the new Employment Tribunal Fast Track Scheme which came into force on 6 April.
The employment tribunal has no mechanism of its own for making respondents comply with monetary awards. The creation of the new Employment Tribunal Fast Track scheme has been designed to simplify the process for successful tribunal claimants. It has been created because of the high number of employers failing to pay. Research published by the Ministry of Justice in May 2009 showed 39% of people granted awards by tribunals had not been paid and only 53% received their compensation in full.
From 6 April, claimants are now able to call on an extended service from the High Court Enforcement Officers (HCEO) to enforce non-payment of a tribunal award. To start the fast track process is easy for the claimant. A HCEO will complete the court processes for them and move on to enforcement as soon as possible. The only cost to them would be the £50 court fee needed to issue a writ to seize assets which will cover the amounts they are owed and this will be added to the debt owed by the respondent. The £70.50 which the High Court Enforcement Officer would normally charge the claimant if the award could not be recovered will be waived.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.