Employment Lawyers Can Answer Your Employment Law Questions
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So to confirm, you worked there for 5 months in total?
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Hi sorry I tried to ask you earlier but could not get back on the site - hat is your claim for exactly and did you go through the tribunal and win and are now trying to enforce the tribunal judgment?
If you have a formal judgment in your favour and the employer has not taken steps to formally appeal this, then the judgment would stand. They would only realistically be able to challenge it now if they can show that some new evidence had come about which was not available at the time and significantly changes the outcome of the judgment. It would be for a court to decide if that is a good enough reason to allow the submission of such late evidence and whether to change the original award. In the meantime you are able to continue with enforcement action against them and to pursue the money you are due.
There are four "traditional" methods of enforcing an outstanding judgment debt through the civil courts: writs and warrants of control, attachment of earnings orders, third party debt orders and charging orders. In addition, the court can appoint a receiver to collect money owed to a judgment debtor, in order to pay the judgment creditor.
You are free to try one or more of these options until you find one that succeeds and there isn’t an option which is necessarily better than the others as how suitable they are would depend entirely on the particular circumstance and the employer’s position.
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The Court’s official leaflet on your rights is here:
At the end of it you have the names of the leaflets for each possible option of enforcement and you can simply Google them by that name to download it.
Also, any party who fails to pay an employment tribunal award is added to the Register of Judgments, Orders and Fines once enforcement proceedings are brought against them in the county court. The Register at www.trustonline.org.uk can be searched by members of the public and credit reference agencies. The threat of registration therefore provides an incentive for employers to pay sums due in a timely manner.