Employment tribunal: penalty enforcement and naming scheme
Ask the Fair Work Agency to take action if the respondent has not paid your employment tribunal award or Acas settlement.
Applies to England, Scotland and Wales
What this service does
The Fair Work Agency can contact the respondent to tell them to pay your employment tribunal award or Acas conciliation agreement (COT3). It warns them they may be fined if they do not pay.
The respondent is the person or organisation named in your claim. This is usually your employer, but could be someone you worked with.
This service does not collect the money or any non-financial items in your award or agreement.
Naming respondents who do not pay tribunal awards
You can ask for the respondent to be named on a list of respondents who have not paid employment tribunal awards. The list may be published on GOV.UK.
Check if you can apply
You can apply if:
- you have an Employment Tribunal judgment and at least 42 days have passed since it was sent to you and the respondent
- you have an Acas COT3 and the respondent has not paid by the agreed date
You cannot apply if your award or settlement was made before 6 April 2016.
Apply online
Use the correct form depending on what the respondent has not paid.
Employment tribunal award
Apply if you have an unpaid employment tribunal award
Acas agreement (COT3)
Apply if you have an unpaid Acas settlement
If you cannot use the online service
You can download the forms, fill them in and send them to the Fair Work Agency by email or post.
Use the correct form depending on what the respondent has not paid.
What happens after you apply
The Fair Work Agency (FWA) will review your application.
If they take action, they will send the respondent a warning notice. This tells them they may be fined if they do not pay you.
The respondent has 28 days to respond.
If they do not respond, the FWA may issue a financial penalty.
The penalty is:
-
50% of the unpaid award
-
at least £100 and no more than £5,000
-
paid to the government, not to you
The respondent must still pay you the money they owe you.
If the respondent still does not pay your award or settlement
You can ask a court to enforce payment. Read guidance about:
Get help with your application
etpenalties@fairworkagency.gov.uk
Address
Employment Tribunals Financial Penalties
Fair Work Agency
Second floor
Old Admiralty Building
London SW1A 2DY