• Terms & Conditions of use
  • Main sources
  • Basic position commentary
  • More detail commentary (professional versions only)

    BASIC POSITION

    CAUTION: go to notes on Equality Act 2010/changes made by the Act for changes to discrimination law in effect from 1st October 2010. The unique emplaw EA 2010 cross-reference tool will locate new statutory references for you.

    Employment tribunals have no power to enforce their awards. Instead, any cash award made by an Employment Tribunal must be enforced "as if it were payable under an order of a county court in England and Wales" (ETA 1996 s.15(1)).

    Similar rules apply for Scotland. There the award "may be enforced in like manner as an extract registered decree arbitral bearing a warrant for execution issued by the Sheriff Court of any Sheriffdom in Scotland" (ETA 1996 s.15(2)).

    In England & Wales an award has to be registered (ie under rule 32 of the employment tribunal rules of procedure - see Procedure of Employment Tribunals/2004 rules/rule 32 - the Register ). Copies must be sent to the parties (under rule 29(2) - see Procedure of Employment Tribunals/2004 rules/rule 29 - form and content of judgments ).

    The requirement for a tribunal award to be registered in the County Court (or High Court) if the person against whom the award has been made fails to pay up is removed by Tribunals, Courts and Enforcement Act 2007 s.27 with effect from 1st April 2009 (see notes at Acts of Parliament etc/Tribunals, Courts and Enforcement Act 2007 ). Also with effect from 1st April 2009 a note of an award by an employment tribunal or the EAT can be made in the official Register which is open to the public (and credit agencies).

    In May 2009 the government announced proposals to make the actual enforcement process easier.

    Employers paying unfair dismissal awards should be careful to deduct from the award any sums they are entitled to deduct in connection with recoupment of jobseeker's allowance (see Unfair dismissal/compensation calculation/jobseeker's allowance (recoupment of) ).

    See also notes at Insolvency/government guarantees on insolvency of employer .


    FINISH>
    updated June2009.
    back to top