Description
PRODUCT INFO | Use this service if you have been awarded compensation against your former employer, either by an Employment Tribunal or by ACAS, and you haven’t received your money.
Whatever the amount, and as long as the Award is not more than 6 years old, we can help you enforce, or compel payment. You can use this service as soon as your employer defaults in making the payment.
Employment Tribunal award or ACAS settlement
If you have had issues with your employer and you have been awarded an Employment Tribunal award or ACAS settlement but you’re facing trouble in recovering what’s due to you, then we can help you.
You can raise the issue informally with your employer first, or as a formal grievance if that does not help. You can approach an employment tribunal and claim if your employer refuses to settle your claim. It’s a good idea to discuss all potential solutions with your employer prior to filing a claim.
Fast Track scheme
A process called the Fast Track scheme was introduced by the UK government in 2010 to enable the claimants who have won Employment Tribunal awards or ACAS Conciliation settlements to use High Court Enforcement Officers (HCEO) to get paid their awards quicker.
If you have an award or settlement that is up to six years old, you can enforce it by instructing Shergroup’s enforcement team by transferring the award to the High Court for enforcement.
To transfer to the High Court, we will need a £78 court charge, payable to Shergroup. This amount is typically refunded to you since we will add it and any applicable interest to the defendant’s total costs once we receive payment.
You can visit this link and make the payment online | https://shergroup.com/product-page/enforce-your-tribunal-award-or-acas-award/
What Can a High Court Enforcement Officer Recover?
There is no minimum award amount to use this approach; generally, a decision must be worth £600 or more to be transferred to the High Court for execution. However, employment tribunal awards are exempt from this need.
Even better, if enforcement is ineffective, there is no compliance charge (for example, if there are no assets to seize, the defendant cannot be traced or is bankrupt, or insolvent in the case of a company).
This implies that the only expense you will have is the £78 writ cost. Additionally, if enforcement is successful, the defendant is held liable for this charge.
The defendant will be responsible for paying any fees associated with the execution of the judgment as well as interest on the award.
How does it work?
All you have to do is give us instructions, and we will get the writ on your behalf and begin the enforcement procedure by notifying the respondent—your former employer—of the enforcement. This gives them seven full days to complete payment.
The Lord Chancellor has authorized our High Court Enforcement Officer to issue a Writ of Control through our agents in order to recover your unpaid Employment Tribunal Award or ACAS Settlement. There is no minimum amount to transfer up to the High Court, in contrast to other decisions and directives.
- If the payment is not forthcoming, then the next step will be enforcement where |
- A visit will be paid by one of our High Court Enforcement agents.
- The respondent will be requested to make a complete payment or enter a payment arrangement.
- Enforcement will proceed to stage 2 if payment is not made or if an agreement is reached.
- We will take control of the goods under a controlled goods agreement, which means they cannot be moved or sold until full payment is received.
- The sale of the controlled items to pay off the debt is the last step.
All you have to do is upload your Award paperwork (every page please) and fill in your details. We charge just £66.00 which is the Court Fee for sealing the paperwork which gives us our authority to enforce payment. This is called a Writ of Control.
If you are exempt from paying court fees check out the rules on exemptions at https://bit.ly/2CxpHBl)
And don’t worry if the dog ate your Award, or you lost it! We can apply for a copy for you or you can apply yourself by writing to The Employment Tribunal Public Register at Bury St Edmunds County Court, Triton House, St Andrews Street (N), Suffolk IP33 1TR. You can ring the office on 01284 762 171 if you want to check the situation for yourself.
Even if you have left the enforcement of your Award for some time, or you gave up, you should be aware that interest will be accumulating on the value of the Award. The interest amount could be significant if your Award has been outstanding for some time. It adds up on a daily basis at the rate of 8% per annum. Depending on the type of Award you have, we can calculate the interest for you.
What we do is convert the Tribunal or ACAS Award into a High Court Writ of Control, which gives our High Court Enforcement Officer and her enforcement agents legal authority to take legal control of the goods of your former employer. This puts you in the position of a creditor. So, if your former employer refuses to pay your Award, then goods can be taken to be sold to pay your Award. We can’t guarantee you 100% success, but it certainly puts you in the driving seat and gives you a good chance of getting paid quickly.
How do we help?
If you have a judgment or order to enforce you can send in your instruction to Shergroup right away. Our High Court Enforcement team led by our Chief Shergroupie, Claire Sandbrook is experienced and dependable. So, go ahead and make the first move towards recovering what’s owed to you.
Just scan or click photos of each page of the Award paperwork and click on the “Upload” button. Then fill in your details, and pay the fee.
Our friendly and expert team of Business Solutions Advisors will help you through our process and keep you informed of what’s happening.