Enforcement of employment tribunal awards under the new FastTrack system

2017-02-23 Jennifer Renney posted:

What is FastTrack?

A new Fast Track scheme has been introduced to speed up and simplify the enforcement process. Before the FastTrack it was still possible to transfer an employment tribunal award to the High Court for enforcement, but the FastTrack system has made the process simpler and easier, reducing the number of forms required to just one.

The new scheme allows High Court Enforcement Officers (HCEOs) who are authorised by the Lord Chancellor to enforce employment tribunal awards and ACAS settlements under the authority of a writ of control.

The writ of control authorises the HCEO to seize goods from the defendant, eg the former employer, to sell at auction to recover the value of the award, the court fees, interest and the HCEO fees.

What does it cost?

There is a court fee of £66 to transfer the award and obtain the writ of control. The court fee is added to the amount to be recovered from the defendant. If enforcement is successful the claimant will be paid the award, the court fee and interest at 8%.

The HCEO’s fees are paid by the defendant company.

When to use it?

You can start enforcement as soon as the defendant has defaulted in payment. You can either instruct your own HCEO, or you can contact Registry Trust, who will allocate an HCEO based on a rota system.

How to use it?

You will need to complete form N471 (for Employment Tribunal awards) or form N471A (for ACAS settlements) and send it to your HCEO along with the original order.

If you no longer have the order, you can get a certified copy at no cost by writing to The Secretary to the Tribunals in Bury St Edmonds.

How does it work?

The HCEO will attend the defendant’s premises and take control of (seize) goods. In the majority of cases, just the threat of seizure encourages payment.

Payment

Payment is made to the claimant/employee approximately 2 weeks after the HCEO has either received the money from the defendant or from the sale of goods seized.

For queries on the FastTrack scheme or any other legal employment-related questions feel free to get in touch with us at 01225 632240 or at info@renneyandco.com.

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