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Shelley181146

Employment Tribunal Won - respondent not paid - ** PAID **

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I represented a family member in an Employment Tribunal which was awarded in their favour. 

Background: The respondent failed to provide a bundle and came unprepared as he had planned for their finance employee to attend, but they were ill which left the respondent with no information on the day.

The Judge gave the respondent the opportunity of 3 hours adjournment over lunch to get bundles but he declined and agreed to accept whatever decision the judge made.

Once the judge verbally provided their judgement (recorded by herself for court process purposes) which was in my family member's favour, the respondent asked if he could appeal. The judge advised that the appeal process would be advised within the judgement documents (sent in post) and he could follow them once received.

The respondent posted a small bundle of documents to both the tribunal and ourselves, but did not include any letter or application for reconsideration within the 14 days but the judge has decided they add nothing to the case and has closed the case, placing his bundle of documents on file.

 

I have spoken with both the Tribunal office involved (case closed) and London Court of Appeal who have received nothing in this matter.

 

Firstly, Which is the best way to secure payment from the respondent?

Secondly, The Judgement states that the Claimant is eligible to claim 8% interest but is this from the day following the expiry of 14 days when payment was due, or the day following the expiry of 42 days which the respondent has to appeal? and how do I calculate the daily rate please of £2,500?

 

TIA


Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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Hi Shelley and hope you're ok 🙋‍♂️

 

Is the respondant an individual, a business, a Ltd Co, etc ? This info may help others advise on how best to enforce the Tribunal award.

 

Interest  -  it's the award amount of 2,500 times 8% divided by 365 which gives you the daily interest amount, times the number of days.

 

Or 2,500 x 0.08/365 = interest per day = 55p per day

 

Or use the factor of 0.00022 to give the same result for the daily rate of interest to add. 2,500 x 0.00022 = 55p per day.


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Hello Slick, I'm doing ok thanks, how are you? Long time no 'chat', I was thinking about you on my way home this evening.

 

The respondent is a business (Hotel) they have slipped up in so much as not sent covering letter to tribunal when requesting reconsideration, sent a bundle of documents which existed but was never disclosed to us via SAR or subsequent requests, judge has declined their request.

The respondent is well past the appeal 42 days permitted and I hand delivered a demand for payment which naturally funds didn't materialise, but the respondent then tried the reconsideration route again, still denied by judge.

 

I have processd the name and shame facility by the government website, so the respondent will incur an additional 50% of the award, which goes to the government as another strategy, https://www.gov.uk/government/publications/employment-tribunal-penalty-enforcement and now I am looking into enforcement via the money courts. service. However, in their guidance notes I see they stipulate that the MCOL cannot be used as a result for a tribunal award. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/762843/mcol-userguide-eng.pdf

 

Surely, we can take this 'bod' to court to enforce payment?


Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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UPDATE:

We sent in High Court Enforcement Officers who have secured full payment :)

  • Thanks 1

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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Well done Shelley, I hope you're pleased?

 

I'll amend your thread title. :D

 

HB


Illegitimi non carborundum

 

 

 

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Hi Shelley,

 

Great result and I've changed the thread title to reflect your **WIN**

 

😎


We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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Well one of us has, :lol:  Sorry for the crossed posts, Slick, at least Shelley won.

 

HB


Illegitimi non carborundum

 

 

 

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