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Hi everyone, Just some advice please.

Some of you will know of my Employment Tribunal Case, but i have a question which needs an answer.

If the claim is settled and agreed between the Claimant and Respondent at the Tribunal which then goes in front of the Employment Judge who oversee's what has been agreed and a date of 28 days is given by the Responent in which to pay the compensation or award. In my case the Judge directed that payment must be made no later than 28 days but if the claimant does not receive the payment i am to go straight back to court and report that no payment has been received.

 

Now what happens if the employer does not pay up or is trying to sit this out so they won't have to pay up. What exactly would the tribunal do in such cases. Also if you had to take the ex employer to a County Court will the ex employer pay any costs in doing so. What are the options in such a scenario? There is very little i can find on this subject on the net. Thank you in advance.

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I am assuming that you are referring to an ACAS brokered settlement here? Also known as a COT3? In which case the judge has nothing to do with the settlement. But in either case, the tribunal has no powers to enforce a settlement if the employer breaks the agreement - that is a contractual matter and not an employment matter, and the tribunal only has jurisdiction over employment matters. However, it does make a difference as to whether it is an award or a settlement - because you mentioned the involvement of the tribunal judge I am not 100% clear. I am going to assume that it is a settlement though, in which case you are correct. If the employer does not pay then you have to apply to the County Court as this is judged to be a debt. There aren't any other options. The employer would have to pay any costs attached to your claim (assuming it is successful which I am assuming). And their own costs of course - what these are depend upon whether they are legally represented.

 

If it was an award there is now a system to support employees to make the claim - more details here http://www.justice.gov.uk/news/newsrelease250310e.htm

 

You will find that the County Court has clerks who are incredibly helpful in such cases and will explain everything to you - give them a ring or pop in if you are bear a court and they will go through what you need to do.


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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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The judge sitting on the case stated in court to the other side that the settlement will be settled as offered by the other side in no less than 28days of the the day this was in court. The Judge told me that if the matter was not settled on or before the deadline was to contact the them otherwise the case would be closed on 27th Jan 2011 the employer is definitely messing me about. I have contacted their solicitors and have told them that if no payment was received by 12 miday on the 9th Jan i would take the matter back to court. The solicitor contacted me almost immediately and stated that a cheque had been sent out on the 29th December 2010? No cheque ever arrived but they now state the cheque has now been stopped and another one will be sent by recorded delivery. I ask why on earth would you not send the cheque in that way in the first place? So in reality Tribunals are a total waste of time especilly the fact that you end up chasing your compensation. I will be contacting the county court as soon as i have spoken to the Tribunal again.The agreement was not brokered through ACAS but was brokered through the court on the day in question as the Judge stated to both sides to try and reach an agreement on that day while it was in court. Can i still have the original case heard again as the contract signed by the otherside has not been honored. Thanks for your reply.

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Ah right that is different. There is no enforcement of the sum - if it is not recieved the case continues to be heard.


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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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