Employment tribunals: the judgment T426

Question 1

Introduction

Accepted Answer

Contact a tribunal office or the customer contact centre if you would like a copy of this publication in an alternative format:

England and Wales: 0300 323 0196
Welsh Speakers: 0300 303 5176
Scotland: 0300 790 6234

Presidential guidance

Under the rules, the presidents of the employment tribunals in England and Wales and Scotland may issue presidential guidance. The aim of that guidance is to improve consistency in the way employment tribunals manage cases and enable the parties to better understand what is expected of them and what to expect.

It is not binding but should be followed where possible.

Go to the presidential guidance in England and Wales and the presidential guidance in Scotland.

Question 2

Publication of employment tribunal judgments

Accepted Answer

Judgments issued to parties from February 2017 are published on the online public register.

Under rule 65, a copy of any judgment and any written full reasons for a judgment must be entered into the register.

An employment tribunal has the power, under rule 49 to make an order with a view to preventing or restricting the public disclosure of any aspect of the tribunal proceedings but it can only make such an order if one or more very strict conditions are met. Rule 49 gives more detail about these conditions.

Under rule 49, it is possible for an employment tribunal to make an order which places restrictions on what may be published in the register. This can include, for example, an order which anonymises the name of one or more individuals referred to in the judgment.

Question 3

Challenge the tribunal’s judgment

Accepted Answer

Employment tribunal judgments may be changed only:

if the tribunal decides to reconsider the judgment at the request of either party or on its own initiative
after an appeal by one of the parties (see below)

Question 4

If you disagree with the judgment

Accepted Answer

If you disagree with the judgment, you may ask the employment tribunal to reconsider the judgment, if reconsideration is necessary in the interests of justice.

You may also appeal to the Employment Appeal Tribunal (EAT) if there is a mistake in the judgment on a point of law. These processes are different, and you will need to decide whether to follow either or both.

You can ask for written reasons for the judgment if the judgment does not have reasons with it. If the tribunal gave summary reasons at the hearing, you can request written summary reasons. After they have been provided you can request written full reasons.

The tribunal may provide full written reasons anyway when you ask for written summary reasons. If the Tribunal gave full reasons at the hearing, you can request written full reasons.

There are strict time limits for asking for written summary reasons and written full reasons, applying for reconsideration and appealing.

Question 5

Time limits

Accepted Answer

Ask for written summary reasons

You must apply within 14 days of the date the judgment was sent.

You can only ask for written summary reasons if they were given at the hearing.

Ask for written full reasons

You must apply within:

14 days of the date the judgment was sent, if full reasons were given at the hearing
14 days of the date written summary reasons were sent, if you requested them

Apply for reconsideration

You must apply within 14 days of the latest of the following:

the date the judgment was sent
the date written summary reasons were sent (if you asked for them)
the date written full reasons were sent (if you asked for them, or the tribunal sent them after your request for summary reasons)

Appeal

You must appeal within either:

42 days of the date the reserved judgment with full reasons was sent
42 days of the date separate written full reasons were sent, if you asked for them or the Tribunal sent them after you requested summary reasons

If you do not ask for full reasons and the tribunal does not provide them, you must appeal within 42 days of the date the written record of the judgment was sent.

All appeals must be received by 4pm on the final day.

Further guidance on lodging an appeal can be found in:

You can get an appeal form from:

Employment Appeal Tribunal
7 Rolls Buildings
Fetter Lane
London
EC4A 1NL

Or, in Scotland from:

Employment Appeal Tribunal
George House
126 George Street
Edinburgh
EH2 4HH

If you have any questions about the appeal you should address them to the registrar of the EAT. You can also get appeal forms and general information about the EAT.

You must send a copy of any claim and response, the tribunal judgment and the written reasons for the judgment with your notice of appeal or an explanation as to why any missing document is not included. Find out how to ask for written reasons for the judgment.

You must serve a valid notice of appeal on the EAT at:

Employment Appeal Tribunal
7 Rolls Buildings
Fetter Lane
London
EC4A 1NL

Or, in Scotland from:

Employment Appeal Tribunal
George House
126 George Street
Edinburgh
EH2 4HH

If you have not received an acknowledgement from the EAT within 7 days of posting the notice of appeal, you should contact the EAT to confirm they have received your appeal.

In England and Wales:

Telephone: 020 7273 1041
Fax: 01264 785 028
Email: londoneat@justice.gov.uk

In Scotland:

Telephone: 0131 225 3963
Fax: 01264 785 030
Email: edinburgheat@justice.gov.uk

Question 6

Relationship between application for reconsideration and appeal

Accepted Answer

An application for reconsideration does not change or extend the 42 day time limit for appealing. If you apply to the tribunal to reconsider its judgment, you may also appeal to the EAT. You must also lodge with the EAT a copy of the application for reconsideration and, if such application has been heard and determined, then also a copy of the tribunal’s judgment on the reconsideration application. When you have made an appeal, the EAT may want to examine documents or other exhibits produced in evidence at the hearing.

The tribunal normally destroys files within one year of sending the judgment to the people involved but if there is an appeal the file will be kept for longer.

Question 7

Legal advice (on appeals) and legal representation

Accepted Answer

Depending on your financial situation, you may be able to get free or reduced cost legal advice about reconsiderations and appeals. You may also be able to get representation free or at a reduced cost for an appeal before the EAT.

You will need to show:

that according to a test of your income and savings, you cannot afford to pay for representation yourself; and
that your case is strong enough to make it worthwhile for you to be represented out of public funds

In England and Wales

If your case concerns discrimination in employment, you may be eligible for free legal aid advice.

Find out more about legal aid or contact Civil Legal Advice on 0345 345 4345.

In Scotland

Legal aid is available if you meet certain conditions. If you have questions about legal aid or advice, contact a solicitor or the the Scottish Legal Aid Board at:

Scottish Legal Aid Board
Thistle House
91 Haymarket Terrace
Edinburgh
EH12 5HE

Telephone: 0131 226 7061

To find out more about public funding for legal services, see the Scottish Legal Aid Board’s website.

Question 8

If you have not received the money the tribunal awarded you

Accepted Answer

Employment tribunals are not responsible for the enforcement of their own awards. If you do not receive the money which the tribunal has awarded you will need to pursue it through one of the enforcement methods available.

You can inform a penalty officer, who may issue a financial penalty notice to the respondent. You may also be able to get a court to force them to pay. You will not be able to do either of these, if the respondent has appealed, or is about to.

Question 9

Informing a penalty officer

Accepted Answer

If the respondent has not paid your award, you can contact a penalty officer who will issue a warning notice to let them know that they may have to pay a financial penalty to the government. This is in addition to the award you are owed. If the warning notice is ignored and payment is still not made the penalty officer may issue the respondent with a financial penalty.

The service of the penalty officer is free of charge and is intended to encourage the employer to pay the award you are owed. With your consent, your employer could also be publicly named on GOV.UK for not paying your award within a reasonable time.

You can notify the penalty officer by completing a penalty enforcement form. You can download the penalty enforcement form or email etpenalties@fairworkagency.gov.uk to request a copy.

If the award remains unpaid, you can still apply to the court to force them to pay.

In England and Wales the enforcement route is through the county court, however you can use the Employment Tribunal fast track scheme to assist you. This scheme allows you to have a high court enforcement officer (HCEO) assigned to your case as soon as the respondent has failed to make the payment as directed by the tribunal. Once appointed the HCEO will commence enforcement proceedings within the county court on your behalf.

Details of the scheme and its requirements can be found in publication EX727, which can also be obtained from your local county court.

A requirement of the Employment Tribunal fast track scheme is that the original notification of the award is filed with the court. If you need a certified copy of the judgment, you can get one free of charge by applying to the tribunal office dealing with your case.

The HCEO will issue a writ on your behalf, which will allow them to seize and sell the respondent’s goods if money is not forthcoming. If, however, you would prefer to use a different method of enforcement or just not use the fast track scheme, then form N322B can be obtained from your local county court.

Find further information about making a claim to the Employment Tribunal.

In Scotland, you should write to the office in which your case was heard asking for an extract of the judgment. You will be sent an extract of the judgment by the tribunal office which a sheriff officer may use to enforce the payment. Once the extract has been issued the tribunal can do no more to help you with enforcement. Do not ask for an extract until the end of the time allowed for appeal to the Employment Appeal Tribunal – 42 days from the date on which the judgment was sent to you.

Question 10

If you do not comply with the tribunal’s judgment

Accepted Answer

You must abide by the tribunal’s judgment. If you have been ordered to make a payment to the other party/parties and you fail to do this, within the directed timescale, you may be issued with a financial penalty and the following consequences will apply.

If you are a respondent in England and Wales:

enforcement action for the amount outstanding can be issued against you in the county court or High Court
all methods of court enforcement (including execution, distress, bankruptcy and insolvency) will be available to the other party/parties
if enforcement action is taken against you, the county court or High Court in which this action is taken will provide the following details of the award to Registry Trust Ltd, and the details will be automatically entered in the register of judgments, orders, fines and tribunal decisions:
- your full name
- your address
- your date of birth (if known)
- the amount of the award
- the case number
this register is maintained by Registry Trust Ltd. The register can be searched by members of the public and is often consulted by banks, building societies and credit companies when considering applications for credit and other actions
once entered, your personal details and the details of your debt will remain on this register for a period of 6 years unless paid within one month of registration

If you are a respondent in Scotland

A sheriff officer will be able to enforce an Employment Tribunal judgment in the same way as if it were a sheriff court decree. The sheriff officer will take such steps as may be appropriate in the circumstances to enforce payment of the award and, if all else fails, it is open to the creditor to apply to the court to have the debtor sequestrated (judged bankrupt).

Remember any enforcement action will result in additional costs, which will be added to the amount outstanding and for which you will be responsible.

Question 11

Financial penalties

Accepted Answer

Employment tribunals have the power, where a claim has been made after 6 April 2020, to order a respondent who has lost a case to pay a financial penalty of up to £20,000 if they consider that the respondent’s breach of the claimant’s employment rights had ‘one or more aggravating features’. The minimum amount of any penalty will be set at £100.

Where a financial penalty has been ordered against a respondent the financial penalty will be payable to the secretary of state and not to the claimant.

You will be contacted by a debt collection agency appointed by the Department for Business Innovation Science and Trade who will explain the payment process.

If the penalty is paid within 21 days sum payable will be reduced by 50%.

Question 12

Enforcing orders for reinstatement, re-engagement and recommendations

Accepted Answer

If the tribunal has ordered your employer either to reinstate or re-engage you or, in a discrimination case, made a recommendation, and the order or recommendation has not been carried out or complied with you should write to the tribunal office handling your case. You must do this as soon as the date for your employer to comply with the order has passed. The tribunal will then arrange a further hearing before the same tribunal and it may order your employer to pay you extra compensation.

Question 13

Redundancy and other payments and insolvent employers

Accepted Answer

If the tribunal has decided that you are entitled to a redundancy payment and you are having difficulty getting your former employer to pay you, or it made an award for unpaid wages, holiday pay, notice pay or guarantee pay and your employer is insolvent, you should contact the Redundancy Payments Service.

Redundancy payments helpline:

Telephone: 0330 331 0020
Monday to Friday, 9am to 5pm

Question 14

Employment tribunal offices

Accepted Answer

Aberdeen

Ground floor, AB1
48 Huntly Street
Aberdeen
AB10 1SH

Phone: 01224 593 137

Email: aberdeenet@justice.gov.uk

Bristol

Bristol Civil and Family Justice Centre
2 Redcliff Street
Bristol
BS1 6GR

Phone: 0300 323 0196

Email: bristolet@justice.gov.uk

Cambridge

Cambridge County Court and Family Court
197 East Road
Cambridge
CB1 1BA

Phone: 0300 323 0196

Email: watfordet@justice.gov.uk

Dundee

Ground Floor
Endeavour House
Greenmarket
Dundee
DD1 4BZ

Phone: 01382 221578

Email: dundeeet@justice.gov.uk

East London

2nd Floor
Import Building
2 Clove Crescent
London
E14 2BE

Phone: 0300 323 0196

Email: eastlondon@justice.gov.uk

Edinburgh

54-56 Melville Street
Edinburgh
EH3 7HF

Phone: 0131 226 5584

Email: edinburghet@justice.gov.uk

Glasgow

The Glasgow Tribunals Centre
20 York Street
Glasgow
G2 8GT

Phone: 0141 204 0730

Email: glasgowet@justice.gov.uk

Leeds

West Gate
6 Grace Street
Leeds
LS1 2RP

Phone: 0300 323 0196
Email: Leedset@justice.gov.uk

London Central

7 Newgate Street
London
EC1A 7AZ

Phone: 0300 323 0196

Email: londoncentralet@justice.gov.uk

London South

Montague Court
101 London Road
West Croydon
CR0 2RF

Phone: 0300 323 0196

Email: londonsouthet@justice.gov.uk

Manchester

Alexandra House
14-22 The Parsonage
Manchester
M3 2JA

Phone: 0300 323 0196

Email: manchesteret@justice.gov.uk

Midlands (East)

Nottingham Justice Centre
Carrington Street
Nottingham
NG2 1EE

Phone: 0300 323 0196
Email: midlandseastet@justice.gov.uk

Midlands (West)

Centre City Tower
7 Hill Street
Birmingham
B5 4UU

Phone: 0300 323 0196
Email: midlandswestet@justice.gov.uk

Newcastle

Newcastle Civil Family Courts and Tribunal Centre
Barras Bridge
Newcastle Upon Tyne
NE1 8QF

Phone: 0300 323 0196
Email: newcastleet@justice.gov.uk

Wales

Cardiff and the Vale Magistrates Court
Fitzalan Place
Cardiff
South Wales
CF24 0RZ

Phone: 0300 323 0196

Email: waleset@justice.gov.uk

Watford

3rd Floor
Radius House
51 Clarendon Rd
Watford
WD17 1HP