Chris Bryden & Michael Salter explain why successful tribunal claimants are often short-changed
Ministry of Justice (MoJ) statistics show that only 53% of successful tribunal claimants questioned recently had received the full amount of compensation awarded by the employment tribunal by the end of the 42-day period allowed before interest starts to accumulate. The research, published in May, also found that of the little over 1,000 successful claimants who responded to the questionnaire sent out for the purpose of the paper, 39% had not been paid any compensation, while 40% of unpaid claimants did not know they could enforce the order (see Research into Enforcement of Employment Tribunal Awards in England and Wales).
The results of this survey echo the findings of earlier studies. For example, in its 2008 Evidence Briefing, Justice Denied, Citizens Advice noted that one in 10 claimants who succeed in their claims is faced with a hollow victory when the employer fails to pay up.
Creatures of statute
It is well known that tribunals cannot enforce their own judgments, as they are creatures of statute and lack
