Following on from the webinar we held on the 29th January 2020, we have compiled some further questions that were asked by attendees.
Is there a minimum award value to use High Court enforcement?
There is no minimum award value to instruct for an employment tribunal award.
What is the difference between an employment tribunal claim and an Acas settlement?
Before proceeding with a tribunal claim through the courts, you must have contacted Acas for early conciliation. Any agreement you come to during this process for a settlement. Acas settlements are legally binding contracts made to come to a resolution. An Acas conciliator will record what has been agreed and record this on an Acas settlement form or a COT3.
An employment tribunal award is an amount decided upon by the tribunal panel, they will consider the evidence of both parties and come to this amount having heard the evidence and decided on your case.
If a company tries to hide assets, then is it worth hiring a forensic accountant?
There are ways to hide money and assets, therefore it is important to act quickly before this can be done. At the Sheriffs Office we would follow the enforcement stages and it is in our interests to recover as much as possible on your behalf as it is in our financial interest to do so.
We do have powers available to us such as applying for an order for information. An order for information is an order to attend court for questioning and will include
What percentage of employment tribunal awards need to go as far as enforcement?
Around 35% of people granted an employment tribunal award receive no money. In 2013 an in-depth analysis concluded that 49% are paid in full and 16% receive partial payment. These figures include those payments secured with the use of enforcement. You can read the full report from the Department for Business Innovation and Skills here.
How many employment tribunal awards are unpaid?
Employment tribunal awards can remain unpaid due to several reasons, for instance, the business may have been dissolved, liquidated or placed in administration, in 2017 more than £390,000 worth of employment tribunal awards were unpaid.
When calculating interest due, when do you start the 42 days calculation if the Tribunal award provided for say until 31/12 to pay?
The date from which interest starts to accrue is the day immediately following the relevant decision day. The date of the relevant decision day and the calculation day that apply in your case will be recorded on the notice attached to the judgment.
David is an authorised High Court Enforcement Officer and our Director of Corporate Governance