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14th October 2010

NEWS IN BRIEF

Employees in England and Wales who settle their employment tribunal claims through Acas (the government’s conciliation service) can now use a fast-track service to enforce the agreement, if that proves necessary. Similar arrangements already apply in Scotland.

Acas conciliated in over 85,000 tribunal cases in 2009/10 and helped to resolve nearly three quarters of them. However, in about five per cent of cases, action was needed to enforce it.

A fast-track enforcement scheme, introduced by the Ministry of Justice for employment tribunal awards in April this year, has now been extended to include Acas-brokered settlements.

The scheme allows a High Court Enforcement Officer (HCEO), authorised by a court, to seize property of the employer and sell it to pay the amount owed to the successful claimant.

The HCEO will usually handle the court process for individuals. There is a £50 court fee which is recoverable from the employer.

The relevant form can be downloaded from directgov or from the website of Her Majesty’s court service. Completed forms should then be sent to the Registry Trust (a non-profit company operating the Registry of Judgements, Orders and Fines for the Ministry of Justice) which starts the process.

A copy of the COT3 (Acas settlement form) needs to be attached to the application form.

For more information and to download a form, go to:
http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetLeaflet.do?court_leaflets_id=2393

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