Employment Tribunal Award Not Paid? Here’s What You Can Do ✔️

Employment Tribunal Award not paid?

You’ve taken your former employer to an employment tribunal and won. The anticipation of the tribunal award brought relief and a sense of justice, but much to your dismay, the former employer has not paid up.

This is not only frustrating but can be incredibly stressful, particularly if you’re relying on the award to cover lost wages, unpaid fees or other financial losses. What are your options in this situation, and what steps can you take to ensure that justice is served, not just in theory, but in practice?

Working through the complexities of employment law and the enforcement of tribunal awards requires a strategic approach. In this comprehensive guide, we’ll walk you through the options available to you if you find yourself in the challenging position of having an unpaid tribunal award.

In 2024, the problem of a tribunal award not paid is on the rise. It helps to be in the know and be aware of the options available.

Understanding Your Employment Tribunal Award

Before considering what to do about an unpaid tribunal award, it’s essential to understand the type of award you’ve received. Employment tribunal awards can vary from compensation for wrongful termination to remuneration for discrimination and other workplace violations.

The nature of your award will dictate the enforcement mechanisms available to you.

Quantifying the Award

The award might be straightforward in quantifiable terms, such as a specific amount of back pay owed or damages. However, the value of the award can be a more complex combination of lost wages, bonuses, and other forms of remuneration.

Understanding the calculations used to reach the award is crucial to make sure of a successful resolution.

Non-monetary Awards

There are instances where the tribunal may issue non-monetary awards, such as reinstatement or re engagement with the employer, or an order to make an apology or other specified actions. These are equally enforceable, and processes exist to ensure compliance.

Initial Steps to Enforce the Employment Tribunal Award

Upon the tribunal issuing its decision, a written order of the award is provided to both parties. If the employer does not pay voluntarily, you can take the following steps.

Contacting the Tribunal

Begin by contacting the employment tribunal service for advice. They may have information on your employer’s financial situation, or they may be able to issue you with a document that formally recognises the judgment of the tribunal.

Sending a Demand for Payment

A step you can take is to send a formal written request for payment to your employer. This request should outline the tribunal’s award, including the sum owed, and set a deadline for payment, usually about two weeks away.

Debt Collection Action to Enforce the Award

When direct communication and initial attempts to resolve the non-payment fail, debt collection action might be necessary. Speaking to specialists like Federal Management can help ensure your tribunal award gets paid. Employment tribunal award not paid is more common than you may think.

Commencing Debt Collection Action

Debt Collection action can take various forms, including enforcement.

There are other options also such as obtaining a Charging Order against the former employer’s property, employing the services of High Court Enforcement Officers, or making a Third Party Debt Order against the employer’s bank accounts or other assets.

Applying for a Judgment Summons

Another enforcement method is to apply for a judgment summons where the employer or their business representatives must explain to the court why they have not paid and what means of payment are available to them.

Seeking Professional help where necessary

Legal representation becomes, especially if your employer is contesting the award or their financial situation is a factor. You can seek a specialist employment law solicitor or there are organisations that offer free advice it such matters.

Employment Tribunal Advocates

Specialist employment law advisors can assist in the enforcement process when employment tribunal award not paid. They can provide tailored advice, draft correspondence, and represent you in court or at a tribunal if necessary.

Solicitors

Employment law solicitors are usually experienced in this field. They can be the best resource when dealing with contentious or disputed issues.

The Financial Cost of Enforcement

It’s important to acknowledge that the enforcement of tribunal awards can be costly, with fees for court applications, solicitors, and other professionals. However, the risk of not enforcing an award could mean writing off what is rightfully owed to you.

Cost Awards

In some instances, the tribunal might make an additional award to cover the reasonable costs you’ve incurred in enforcing the tribunal judgment if the employer is found to have acted in bad faith or unreasonably.

Fee Remission

You may be eligible for fee remission for certain costs related to the tribunal enforcement if you can demonstrate financial hardship. This could significantly reduce the financial burden of seeking enforcement.

Employee Financial Well-being Orders

A new development in the enforcement of tribunal awards is the Employee Financial Well-being Order.

This method, though less common currently, can compel the employer to pay a financial penalty to employees and HMRC where they have breached employment rights unless the employer pays the financial penalty to the affected employees.

Conclusion: Persistence Pays when Employment Tribunal Award not paid

Enforcing an employment tribunal award when your employer refuses to pay can be a daunting process, involving legal intricacies and potential financial costs. However, for employees who’ve rightfully won their case, persistence and understanding of the available tactics will often result in the award being paid.

Employment tribunal award not paid is on the increase in the current economic climate. Failing to take action should not be an option.

Remember that every situation is unique, and the advice provided here is general. You must seek tailored legal advice to be effective in enforcing your award. In the face of non-compliance, know that the law is on your side and that there are mechanisms in place to ensure justice is served.

If you’re still feeling overwhelmed, you’re not alone, speak to Federal Management’s friendly advisers today. Our team can advise on the best course of action and the likelihood of paying paid what you are owed.

Your tribunal award is more than just a piece of paper – it’s a testament to your rights as an employee, and you deserve to see it realised.

Posted on February 21, 2024