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

[Shelley181146]

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

[slick132]

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.

[Shelley181146]

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?

[Shelley181146]

UPDATE:

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

[honeybee13]

Well done Shelley, I hope you're pleased?

 

I'll amend your thread title.

 

HB

[slick132]

Hi Shelley,

 

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

 

[honeybee13]

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

 

HB