Q. I have a tribunal judgment against my previous employer, but they still have not paid me. When can I start enforcing a money judgement?
A judgment or order takes effect from the day it is made by the court or later as specified by the tribunal.
An employer must then pay the money due under a judgment or order within 14 days of that judgment or order.
The only exceptions to this are where the judgment or order specifies a different date for compliance, if an Employment Tribunal rule specifies a different date for compliance, or if the tribunal has stayed the proceedings. If none of these apply, and the 14-day deadline has passed, then you can enforce the judgment.
Q. Is it possible to recover interest on my tribunal judgment?
Yes, you can claim interest on a tribunal award if it remains unpaid for 14 days. The 14 days runs from the date the judgment is recorded (known as the relevant decision day).
Interest accrues at the rate of 8% per annum from the day after the relevant decision day – known as the calculation date.
Q. How do I go about enforcing my judgment?
It is possible to enforce the judgment as you would any other debt in a county court, but the best method would be to use a High Court Enforcement Officer (HCEO).
You should complete a form called EX727, which you can download https://www.gov.uk/government/publications/form-ex727-i-have-an-employment-or-an-employment-appeal-tribunal-award-but-the-respondent-has-not-paid-how-do-i-enforce-it. You will need to pay a £66 fee. They will then obtain a writ of control and attempt to recover the monies owed for you. If the enforcement is successful, the HCEO recovers the unpaid award, interest due on it and the £66 court fee for you.
To find out how Steeles Law Employment team can support you, or if you have further questions about enforcing a money judgement please do not hesitate to call 01603 598000 or email email@example.com.
*The information provided in this article is designed to provide useful information on the subject, not to provide specific legal advice.