Employment Tribunal Award

[lynn76]

Hi can any one point me in the right direction to get some help with getting my Employment Tribunal Award paid? received my P45 whilst on maternity leave for no reason at all and I was awarded my wages due, holiday pay, 2 weeks notice pay, unfair dismissal and sex discrimination which was uplifted 50%.
Employer states he has no money, took him and his company to tribunal!?!

[Weird Al Yankovic]

Hi there.

This can be very tricky if your former employer knows the system and is determined not to pay you.

The ET only gives you judgment and they have no power to enforce the payment.

I think your former employer has about 40 or so days to pay you but if they don't then you have to go through the county court to get them to pay.

This can take months, especially if they mess with the county court system like applying for set asides etc, and eventually your old employer may have ceased trading and started up as someone different and you will have no claim at all then.

Employment Law changes rapidly so I may be a bit out of touch but this was the case just a couple of years ago.

How long have you waited? And are your former employers a small/ish business where they can easily shut but start up again? Do you know of any other debts they may have as a business?

Good luck.

[lynn76]

Hi,

I was advised by the tribunal to take him as an individual to the tribunal as well as the company he owned, so with a bit of luck I stand a little bit better in getting my award.

I think it is totally out of order that the Tribunal awards and then wash their hands of it, the government should pay the award and get it back from the respondents themselves as they have more jurisdiction to get paid from either their wages, savings, assets etc!

Lynn

[OrangePrimate]

Hi Lynn
Get hold of your Local County Court.
You need to get a copy of the Employment Tribunal Judgement into them and they will proceed with a County Court Enforcement, signed off by a Court Oficial and it can be actioned the same as a CCJ and you can then ask the Courts Bailiffs to get the money for you. There is no need to go ahead with another appearance as they act on the ET judgement.

Had to go through this a couple of years ago, went to the Court expecting to have to go through it all again, another hearing etc, but it was quite easy! the Bailiffs kept in touch too telling me everytime they had gone to my ex employers address and what happened. (they got wind of a 'garden party the following weekend, so turned up in the middle of a party on a Saturday afternoon) Got the check on the Thursday!!

[lynn76]

I just dont think he has the money to pay for it, so I doubt I will get it in one go, it is £18k + interest now.

He told me ages ago that he had no assets etc, but I am not sure whether to believe him or not!?

After the review hearing I will put the wheels in motion and hope and pray I get the money, I wish the government paid it and then they would find it easier to get the money from them!

Lynn

[Goldlady]

Lynn was it a limited company? I know you can claim from the DTI in Edinburgh if a company goes bust owing you money. It might be worth contacting them - they are the redundancy payments office but in your situation they might be able to help. email is edinburgh.rpo@dti.gsi.gov .uk

[Goldlady]

In fact it doesn't matter if it wasn't a limited company they can still pay you and then claim from him if he was a sole trader. Be worth contacting them - they can pay some of the things you are entitled to, but probably not all.

[lynn76]

Thanks!!! I will give them a go!!

will I still be able to chase him for the rest of the award!!!

late night forums are great, just chillin out with a drink and watchin tv, sorting all my queries out!!! wey hey!!

Lynn

[Weird Al Yankovic]

Originally Posted by lynn76

Hi,

I was advised by the tribunal to take him as an individual to the tribunal as well as the company he owned, so with a bit of luck I stand a little bit better in getting my award.

Lynn

Hi Lynn

Was it a case of naming the owner of this business and his business as co-respondent for the same claim/s?

And was this tactic used for extra protection? ie should the business fold you still have an award against the owner.

I'm going through an employment issue right now so I need to know how best to go about it.

Also, I remember being told some time ago that if you should ever get a court judgment against somebody then the best course of action is to just go straight to a petition of bankruptcy against them, if the amount is £750 +.

I guess one can use this route too.

[hackers0ns]

I've had a smiliar problem. I worked for a small company - with only 2 other employees and the boss - Mark Briscoe of NMR Web Design.

When I told him i was pregnant he just stopped paying my wages at the end of the month.

The jobcentre told me that if i left i would lose all entitlement to maternity pay, so i was forced to keep working there and not being paid for 3 whole months.

then when my maternity started he just didn't pay it to me.

i took the company to a tribunal and won £8k+ in compensation, but it's a year and a half on and i've not received a penny.

he said he's got no assets and keeps saying he's winding the company up - but he isn't he's still trading.

to wind the company up will cost me nearly £1k, which i just can't afford, considering i might not get anything back.

this man kept my wages and my maternity pay, and he's been allowed to get away with it! it's as if he stole from my baby!

the law is a joke, totally unenforcable and there's nothing i can do. Meanwhile i still have to pay council tax for that year as they say i was 'working'!!

[Goldlady]

See my post above re claiming from the DTI. I think you should be able to and then they can chase him