Employment Tribunal Costs Award - Notice of Enforcement

[inspecta101]

Hello I wonder if anyone can help.

I have over the past 2 years been dealing with a rather complex and litigious employment tribunal claim. It was a former employer who owed me monies and formed a new company in order to continue trading. However the result of one of the hearings was that I was told to pay costs to the second respondent, as there were no grounds they had begun trading at that time. The judgement was made on the 18th September 2023, and after the 42 days to appeal, I explained i would need to make arrangments to pay the amount.

However today, i have received an Notice of Enforcement from a High Court Enforcement company, Wilson & Roe, advising that a County Court Judgement was made on 12th October 2023 for the amnount owed. This was inside the period for which the appeal period was for the ET judgment. In addition, the Claimant also emailed the court on the 24th November 2023, as follows:

"We have now passed the 42 day deadline for you to appeal the judgement and award of costs. You have not done so. I have therefore passed the file to the Penalty Enforcement Officer today for them to contact you. Following which if there is still no response I will pursue through the courts and if necessary, seek a warrant of control which gives court enforcement agents the authority to take goods from your home or business.
You still have an opportunity to pay the award of £2,500 plus interest at 8% pa (which assuming compound interest currently stands at £2,523.12) into the following account to prevent further action and costs. I do urge you to please pay immediately."

But is appears they have already applied to Manchester County Court, dated 12/10/2023, whereby i have a claim number stated.

In addition, I have never been issued any paperwork for a CCJ in this matter and assume it has been done in a manner that i was not allowed to appeal or discuss the case. What can i do? Any help would be really appreciated.

I am currently unemployed and have no savings, and can't afford to pay bills for my family, let alone deal with people that owed me unpaid wages for over 2 years

thanks Ben

[ULA]

Unless the Order to pay costs stated a different date, you would have been required to pay the award within 14 days of the Order. In respect of interest on a tribunal award this is payable, at the rate of 8% per annum, from the day after the relevant decision day, unless the full amount is paid within 14 days after the decision day.

If the judgement was on 18 September then payment should have been made by 2 October. It appears that the respondent has initiated the process soon after this date for payment had passed which they have the right to do. The process for enforcing payment does move quickly.

It looks like you have not appealed the decision either so the costs award against you will need to be paid. I would suggest that as soon as possible you contact the High Court Enforcement company to try and see if it is not too late to come to an agreement in respect of payment. If you explain your financial situation you may be able to agree a payment plan over say a 12 month period.

[inspecta101]

Thank you for your response ULA. However, whilst the Judgement was made on the 18 September, it was not issued to the Claimant until 12 October, so the 14 day window for payment was not possible. In addition, i had started to make an application for appeal, as was my right to do, and a Respondent cannot make a claim against such during that period, as is my understanding of the Employment Tribunal Rules.

[inspecta101]

Also for a Claimant to issue proceedings via County Court, do they not have to first service the Claim Form to the Defendant, even in regards a cost order?

[ULA]

I presume both parties were aware of the decision on the 18 Sept. If so that was the decision day and the 14 days starts from there.

You said in your first post you had not appealed the decision. The respondent would not know you had started an application to appeal. They would only know once you had submitted your application to the Employment Appeal Tribunal, who would inform the respondent accordingly.

There is a Fast Track process for enforcing the payment of Tribunal awards and this is via the High Court Enforcement company that has contacted you. Hence the reason I have suggested you contact them.to see if you can cone to an arrangement.