won tribunal know can do anything to speed

Sappoo21

won tribunal know can I do anything to speed up getting the moneny the company knew in December how much they had to pay the tribunal put the date as jan 7 so they could wait till around mid feb to late feb and as I am in hardship they are just making things a lot worse and probably enjoying doing it. advice much appreciated

floss2

Contact your ACAS adviser or the Tribunal office where your case was handled - they should be able to give you advice relevant to your case.

olias

When I won a tribunal and wasn't paid, I sent a letter to my ex employer confirming the tribunals descision and money owed and asked for immediate payment to avoid my having to take the matter forward to court. I got the money within a week!

Olias

Sappoo21

olias wrote: »

When I won a tribunal and wasn't paid, I sent a letter to my ex employer confirming the tribunals descision and money owed and asked for immediate payment to avoid my having to take the matter forward to court. I got the money within a week!

Olias

well contacted them not good news so got to apply to county court
what happens if doesn't comply with a county court the MD is a bit of a nutter

Roobarb73

He will be bloody stupid if he doesn't pay off if you get a court order to enforce the judgment!

As it could have all kinds of implications for the co eg availability of credit, you could even apply to have their co placed into liquidation.

Sappoo21

How long does it take for anything to be done or to be heard and do I have to go into an actual court room like when I had the tribunal?

Sappoo21

Sappoo21 wrote: »

How long does it take for anything to be done or to be heard and do I have to go into an actual court room like when I had the tribunal?

help much appreciated.

floss2

floss2 wrote: »

Contact your ACAS adviser or the Tribunal office where your case was handled - they should be able to give you advice relevant to your case.

What did your ACAS adviser say? Have you looked on your local County Court website for help with enforcing the judgement?

rupee99

Tribunal decisions are enforced by the Employment judge. It is unlikely that you will have to attend court, but it is also unlikely that anything will happen quickly.

The judge will issue an order requiiring payment, if it is not paid within 28 days you can apply for a distress warrant("send in the baliffs"), court appointed officers will attend at the company and take away goods to the value (they assess the value not your former boss) of the judgement unless they are paid. If they cannot gain access or there are insufficient assets they report back to the court.

You can also issue a petition for the compulsory winding up of the company (as mentioned above), this is a very poor method of debt collection, I) it is expensive (at least £1,000 including deposit) II) slow (the hearing will not take place for at least six weeks) and III) rarely yields any money, often not even to cover the costs of doing it.

The_Money_Saver_2

Employment Tribunal awards are not enforced by an Employment Judge. You have to apply to register the judgment sum in the County Court. Am Employment Tribunal does not have jurisdiction to enforce financial awards.

If the judgment sum is not paid within the period of time specified then you may be entitiled to seek interest at the given rate. Awards in the County Court can be enforced with the bailiff.

rupee99

The_Money_Saver wrote: »

Employment Tribunal awards are not enforced by an Employment Judge. You have to apply to register the judgment sum in the County Court. Am Employment Tribunal does not have jurisdiction to enforce financial awards.

If the judgment sum is not paid within the period of time specified then you may be entitiled to seek interest at the given rate. Awards in the County Court can be enforced with the bailiff.

"The requirement for a tribunal award to be registered in the County Court (or High Court) if the person against whom the award has been made fails to pay up is removed by Tribunals, Courts and Enforcement Act 2007 s.27 with effect from 1st April 2009 (see notes at Acts of Parliament etc/Tribunals, Courts and Enforcement Act 2007 ). Also with effect from 1st April 2009 a note of an award by an employment tribunal or the EAT can be made in the official Register which is open to the public (and credit agencies). "


http://www.emplaw.co.uk/content/index?startpage=data/032004.htm

EDIT Note an Employment judge is not a chairman of an Employment Tribunal, s/he is a bona fide member of the judiciary