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The judgment
Employment Tribunals
This booklet is also available in the following languages:
Bengali, Hindi,
Gujarati, Urdu, Punjabi, Cantonese, Gaelic, Welsh and Polish.
For a copy please contact the tribunal office or the Enquiry Line
on
0845 7959775. Please note this booklet is for information only.
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Employment Tribunals
Introduction
Please read this booklet carefully. It explains how to
enforce the Employment Tribunal judgment and how you
can challenge the judgment either by applying for a review
or appealing to the Employment Appeal Tribunal.
Please contact a tribunal office or the Employment
Tribunals Public Enquiry Line on 0845 795 9775 if you
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would like a copy of this booklet in Braille, large print
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or on disc.
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Contents
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Claim process summary flowchart
Page 4
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How can I challenge the tribunal’s judgment?
Page 5
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How can I get the tribunal to review a default judgment?
Page 5
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How can I get the tribunal to review other judgments
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and decisions?
Page 5
How can I appeal against the tribunal’s judgment?
Page 6
Relationship between application for review and appeal
Page 8
Asking for written reasons for the judgment
Page 8
Legal advice (on appeals and reviews) and legal representation
Page 8
What to do if you have not received the money which the
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tribunal has awarded you
Page 9
What happens if you do not comply with the tribunal’s
judgment
Page 10
Enforcing orders for reinstatement, re-engagement and
recommendations
Page 11
Redundancy and other payments and insolvent employers
Page 11
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Claim process summary
Dispute arises
Try to sort it out
Get advice
Estimated
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time
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Claim not
Send Claim to
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accepted and
tribunal office
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returned
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Claim accepted,
sent to the respondent
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and conciliation starts
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No response
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Response
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received or response
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accepted
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not accepted
2
Default
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judgment issued
Case Management
Hearing held
26 weeks
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Judgment issued
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4
30 weeks
Employment Tribunals
How can I
• the respondent’s response to the
claim;
challenge the
• an application to extend the time
tribunal’s
limit for presenting the response;
judgment?
and
• an explanation of why a response
Employment Tribunal judgments
containing the necessary
and decisions may be changed
information or an application to
only:
extend the time limit for response
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• if the tribunal decides, at the
was not received within the time
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request of either side or on its
limit for responding.
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own initiative to
review the
The tribunal has the power to refuse
judgment; or
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the application for a review, to vary
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• after an
appeal by one of the
the default judgment, to revoke all
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sides involved in the judgment
or part of the default judgment or to
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(see page 6).
confirm the default judgment. An
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application for review does not
How can I get
change the time for making an
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appeal. You may appeal while waiting
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the tribunal to
for the result of the application.
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review a default
judgment?
How can I get
You can apply to the tribunal to ask
the tribunal to
it to review a default judgment. You
review other
must apply in writing within
14 days
of the date the judgment was
judgments and
sent, or given to you, by the
decisions?
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tribunal office. (An Employment
Judge may extend the time limit
You can apply to the tribunal to ask
for reviewing a default judgment
it to review a decision not to accept
but only if they think it is just and
a claim or response, or to review
equitable to do so). You must
a judgment other than a default
say why you believe the default
judgment. You apply orally at the
judgment should be changed or
hearing in relation to a judgment or
withdrawn.
in writing within 14 days of the date
the judgment was sent or given to
When it is the
respondent applying
you by the tribunal office.
for a review of a default judgment,
(An Employment Judge may
the application must include:
extend the time limit for reviewing a
The judgment
judgment but only if they think it is
apply for a review based on new
just and equitable to do so).
evidence you must explain why the
evidence was not available before
Judgments and decisions can be
and include a full statement of the
reviewed for the following reasons:
evidence which you want to
• The judgment was wrongly made
introduce.
as a result of an administrative
The tribunal has the power to refuse
mistake.
to review the judgment or decision,
• One side did not receive notice
confirm it, change it or revoke it.
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of the proceedings leading to the
An application for review does not
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judgment.
change the time limit for making an
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• The judgment was made in the
appeal and you may appeal while
absence of one side.
waiting for the result of the
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• New evidence has become
application.
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available since the end of the
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hearing to which the judgment
How can I appeal
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relates, provided its existence
against the
could not have reasonably been
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known at that time.
tribunal’s
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• It is in the interests of justice to
judgment?
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carry out a review.
If you believe that the tribunal has
The tribunal may only review the
reached the wrong judgment
decision
not to accept a claim
because it has made an error of
or response because it did not
law, you can appeal to the
contain the required information
Employment Appeal Tribunal
or it has not been presented in the
(EAT).
relevant time limit if the decision
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was wrongly made as a result of
The grounds for appeal may be:
an administrative mistake or if it is
• that the tribunal has made a
in the interests of justice.
mistake in the application of the
The interests of justice do not mean
law; or
a judgment or decision will be
• that the judgment was one which
reviewed just because you disagree
no reasonable tribunal could
with it. Something must have gone
have reached.
wrong at or in connection with the
However, a notice of appeal will not
hearing or something has happened
be accepted unless it sets out full
since the hearing which makes the
particulars of the points relied on in
judgment or decision unjust. If you
support of the grounds of appeal.
Employment Tribunals
You can get an appeal form from:
There are strict time limits, which
Employment Appeal Tribunal
you must observe, for making any
Audit House
appeal.
58 Victoria Embankment
Where the judgment contains
London
written reasons you must appeal
EC4Y 0DS.
within 42 days of the date on which
Or, in Scotland from:
the judgment was sent to you.
Employment Appeal Tribunal
Where the judgment does not
52 Melville Street
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contain written reasons you should
Edinburgh
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request them from the tribunal
EH3 7HS.
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within 14 days of the date on which
If you have any questions about the
the judgment was sent to you and
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appeal you should address them to
you must then appeal within 42
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the registrar.
You can also get
days of the date on which the
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appeal forms and general
written reasons are sent to you.
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information about the EAT and
Where the judgment does not
how to appeal from their website at
contain written reasons and you do
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www.employmentappeals.gov.uk
not request them within 14 days of
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You must send a copy of any claim
the date on which the judgment
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and response, the tribunal judgment
was sent to you, you must appeal
and the written reasons for the
within 42 days of the date on which
judgment with your notice of appeal
the judgment was sent to you with
or an explanation as to why none is
an explanation as to why you have
included. See the section on page
8
not obtained written reasons.
if you wish to ask for written
reasons for the judgment.
For example, if this date was a
Wednesday, you must lodge your
You must serve a valid notice of
notice of appeal
no later than 4pm
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appeal on the EAT at:
on the Wednesday 42 days (six
Audit House
weeks) later if you lodge the
58 Victoria Embankment
appeal in person. You
should get
London EC4Y 0DS.
your appeal to the Employment
Appeal Tribunal
(not the
Or, in Scotland from:
employment tribunal office)
52 Melville Street
before the end of the 42-day
Edinburgh
period, particularly if you choose to
EH3 7HS.
send your notice of appeal by post
as you must allow for postal delays.
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If you have not received an
When you have made an appeal, the
acknowledgement from the EAT
Employment Appeal Tribunal may
within seven days of posting the
want to examine documents or other
notice of appeal, you should
exhibits produced in evidence at the
contact the EAT by phone.
hearing.
In England and Wales phone
The tribunal normally destroys files
0207 273 1041, fax 0207 273 1045
within one year of sending the
or e-mail
judgment to the people involved.
[email address]
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to confirm they have received
Asking for
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your appeal.
written reasons
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In Scotland phone 0131 225 3963,
for the judgment
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fax 0131 220 6694 or e-mail
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[email address]
You should make your request for
to confirm they have received
written reasons for your judgment
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your appeal.
within 14 days of the date the
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judgment was sent to you to the
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Relationship
tribunal office which sent the
judgment.
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between
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application for
Legal advice
review and
(on appeals
appeal
and reviews)
An application for review
does not
and legal
change or extend the 42-day time
representation
limit for appealing. If you apply to
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the tribunal to review its judgment,
Depending on your financial
you may also appeal to the
situation, you may be able to get
Employment Appeal Tribunal.
free or reduced cost legal advice
You must also lodge with the
about reviews and appeals. You
Employment Appeal Tribunal a copy
may also be able to get
of the application for review and, if
representation free or at a reduced
such application has been heard and
cost for an appeal before the
determined, then also a copy of the
Employment Appeal Tribunal.
tribunal’s judgment on the review
application.
Employment Tribunals
You will need to show:
In Scotland
• that according to a test of your
Legal aid is available if you meet
income and savings, you cannot
certain conditions. If you have
afford to pay for representation
questions about legal aid or advice,
yourself; and
contact a solicitor or the Scottish
• that your case is strong enough
Legal Aid Board, 44 Drumsheugh
to make it worthwhile for you to
Gardens, Edinburgh EH3 7SW
be represented out of public
(phone 0131 226 7061).
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funds.
To find out more about public
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In England and Wales
funding for legal services, see the
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Scottish Legal Aid Board’s website
The Legal Services Commission
at
www.slab.org.uk.
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has contacts with Citizens Advice,
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law centres, advice agencies and
What to do if
solicitors’ firms who will be able to
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give you advice. To find an agency
you have not
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or firm with a contract to do this in
received the
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your area, ask for the Community
money which
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Legal Services Directory at your
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local library. Ring the directory line
the tribunal has
on
0845 608 1122 or minicom
awarded you
0845 609 6677. Or, you can use the
Community Legal Service website
Employment Tribunals are not
at
www.clsdirect.org.uk or look for
responsible for the enforcement
the CLS logo in the window of local
of their own awards. If you do
agencies and solicitors’ firms.
not receive the money which the
tribunal has awarded you will need
To find out more about public
to pursue it through one of the
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funding for legal services,
enforcement methods available.
see the Legal Services
Commission’s website at
In
England and Wales, you can
www.legalservices.gov.uk
ask the county court to enforce
payment as soon as you have
received the written judgment.
The judgment
The county court will need to see
is, 42 days from the date on which
your copy of the tribunal’s judgment.
the judgment was sent to you.
A leaflet (EX328) is available, either
at the county court or online, which
What happens
explains how to enforce your
if you do not
judgment.
comply with
If you are unsure which court to
the tribunal’s
send your Tribunal award to, or
where to get court forms from,
judgment
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please contact the Customer
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This applies to the Respondent
Service Unit of Her Majesty’s
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in England and Wales. You must
Courts Service on 0845 456 8770,
abide by the tribunal’s judgment. If
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or alternatively you may wish to
you have been ordered to make a
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access the relevant forms and
payment to the other party/parties
leaflets on the following website:
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and you fail to do this, within the
www.hmcourts-service.gov.uk
directed timescale, the following
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If you need a certified copy of the
consequences will apply:
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judgment, you can get one free of
• Enforcement action for the
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charge by writing to:
amount outstanding can be
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The Secretary to the Tribunals
issued against you in the
First Floor
county court or High Court.
100 Southgate Street
• All methods of Court
Bury St. Edmunds
enforcement (including
IP33 2AQ
execution, distress, bankruptcy
In Scotland, you should write to
and insolvency) will be available
the office in which your case was
to the other party/parties.
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heard asking for an extract of the
• If enforcement action is taken
judgment. The Secretary will issue
against you, the county court or
an extract to you which a Sheriff
High Court in which this action is
Officer may use to enforce the
taken will provide the following
payment. Once the extract has
details of the award to Registry
been issued by the Secretary, the
Trust Ltd, and the details will
tribunal can do no more to help
be automatically entered in the
you with enforcement. Do not ask
Register of Judgments, Orders,
for an extract until the end of the
Fines and Tribunal Decisions:
time allowed for appeal to the
Employment Appeal Tribunal, that
Employment Tribunals
• your full name
Enforcing orders
• your address
for reinstatement,
• your date of birth (if known)
re-engagement and
• the amount of the award
recommendations
• the case number
If the tribunal has ordered your
• This Register is maintained by
employer either to reinstate or re-
Registry Trust Ltd. The Register
engage you or, in a discrimination
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can be searched by members of
case, made a recommendation, and
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the public and is often consulted
the order or recommendation has
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by banks, building societies
not been carried out or complied
and credit companies when
with you should write to the tribunal
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considering applications for
office handling your case. You must
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credit and other actions.
do this as soon as the date for your
employer to comply with the order
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• Once entered, your personal
has passed. The tribunal will then
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details and the details of your
arrange a further hearing before the
debt will remain on this Register
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same tribunal and it may order your
for a period of 6 years unless
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employer to pay you extra
paid within one month of
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compensation.
registration.
Please remember any
Redundancy and
enforcement action will result in
other payments
additional costs, which will be
added to the amount outstanding
and insolvent
and for which you will be
employers
responsible.
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If the tribunal has decided that you
are entitled to a redundancy
payment and you are having
difficulty getting your former
employer to pay you, or it made an
award for unpaid wages, holiday
pay, notice pay or guarantee pay
and your employer is insolvent, you
should contact the Redundancy
Payments Service at one of the
following addresses.
The judgment
Redundancy
payment office
Areas covered
Birmingham, Cambridgeshire, Cheshire, Cornwall,
7th-9th Floor
Derbyshire, Devon, Dorset, Essex, Gloucestershire,
Hagley House
Hampshire, Herefordshire, Isle of Wight, Lancashire,
83-85 Hagley Road Leicestershire, Lincolnshire, Manchester, Norfolk,
Birmingham
Northamptonshire, Nottinghamshire, Oxfordshire,
B16 8QG
Rutland, Shropshire, Somerset, Staffordshire, Wales,
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Warwickshire, West Midlands, Wiltshire and
Worcester.
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PO Box 15
Bedfordshire, Berkshire, Buckinghamshire,
Exchange House
Hertfordshire, Kent, London, Suffolk, Sussex and
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60 Exchange Road Surrey.
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Watford
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WD1 7SP
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Ladywell House
Cleveland, Cumbria, Durham, Merseyside,
Ladywell Road
Northumberland, Scotland, Teesside, Tyne and Wear
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Edinburgh
and Yorkshire.
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EH12 7UR
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Employment Tribunals
Notes
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Employment Tribunals
Employment Tribunal offices: E-mail addresses
Aberdeen
[email address]
Ashford
[email address]
Bedford
[email address]
Birmingham
[email address]
Bristol
[email address]
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Bury St Edmunds
[email address]
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Cardiff
[email address]
Dundee
[email address]
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East London
[email address]
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Edinburgh
[email address]
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Exeter
[email address]
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Glasgow
[email address]
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Leeds
[email address]
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Leicester
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[email address]
Liverpool
[email address]
London Central
[email address]
London South
[email address]
Manchester
[email address]
Newcastle
[email address]
15
Nottingham
[email address]
Reading
[email address]
Sheffield
[email address]
Shrewsbury
[email address]
Southampton
[email address]
Watford
[email address]
For full office address details see back cover
The judgment
Employment Tribunal offices
Aberdeen
Mezzanine Floor, Atoll House, 84-88 Guild Street, Aberdeen AB11 6LT
¤01224 593137
Ashford
1st Floor, Ashford House, County Square Shopping Centre, Ashford, Kent TN23 1YB ¤01233 621346
Bedford
8-10 Howard Street, Bedford MK40 3HS
¤01234 351306
Birmingham
Phoenix House, 1-3 Newhall Street, Birmingham B3 3NH
¤0121 236 6051
Bristol
The Crescent Centre, Ground Floor, Temple Back, Bristol BS1 6EZ
¤0117 929 8261
Bury St Edmunds
100 Southgate Street, Bury St Edmunds, Suffolk IP33 2AQ
¤01284 762171
Cardiff
2nd Floor, Caradog House, 1-6 St Andrews Place, Cardiff CF10 3BE
¤029 2067 8100
Dundee
Ground Floor, Block C, Caledonian House, Greenmarket, Dundee DD1 4QX
¤01382 221578
East London
2nd Floor, Anchorage House, 2 Clove Crescent, London E14 2BE
¤020 7538 6161
Edinburgh
54-56 Melville Street, Edinburgh EH3 7HF
¤0131 226 5584
Exeter
2nd Floor, Keble House, Southernhay Gardens, Exeter EX1 1NT
¤01392 279665
Glasgow
Eagle Building, 215 Bothwell Street, Glasgow G2 7TS
¤0141 204 0730
Leeds
4th Floor, City Exchange, 11 Albion Street, Leeds LS1 5ES
¤0113 245 9741
Leicester
5a New Walk, Leicester LE1 6TE
¤0116 255 0099
Liverpool
1st Floor, Cunard Building, Pier Head, Liverpool L3 1TS
¤0151 236 9397
London Central
Victory House, 30-34 Kingsway, London WC2B 6EX
¤020 7273 8603
London South
Montague Court, 101 London Road, West Croydon CR0 2RF
¤020 8667 9131
Manchester
Alexandra House, 14-22 The Parsonage, Manchester M3 2JA
¤0161 833 6100
Newcastle
Quayside House, 110 Quayside, Newcastle Upon Tyne NE1 3DX
¤0191 260 6900
Nottingham
3rd Floor, Byron House, 2a Maid Marian Way, Nottingham NG1 6HS
¤0115 947 5701
Reading
4th Floor, 30-31 Friar Street (entrance in Merchant’s Place), Reading RG1 1DY
¤0118 959 4917
Sheffield
14 East Parade, Sheffield S1 2ET
¤0114 276 0348
Shrewsbury
Suite 7, 2nd Floor, Prospect House, Belle Vue Road, Shrewsbury SY3 7NR
¤01743 358341
Southampton
3rd Floor, Duke’s Keep, Marsh Lane, Southampton SO14 3EX
¤023 8071 6400
Watford
3rd Floor, Radius House, 51 Clarendon Rd, Watford, WD17 1HP
¤01923 281 750
Our offices are open from 9.00am to 5.00pm Monday to Friday.
We will send a map showing the location of the office where the hearing
has been arranged and giving details of local car parking and facilities
for refreshments and phones.
For office e-mail addresses see the inside back cover
Enquiry Line: 0845 7959775
Minicom: 0845 7573722
URN 09/1181
September 2009
