header-logo header-logo

03 July 2009 / Michael Salter , Chris Bryden
Issue: 7376 / Categories: Features , Tribunals , Discrimination , Employment
printer mail-detail

Justice denied?

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll