How to collect your tribunal award when the employer won’t pay

A tribunal judgment is not self-enforcing. If your employer ignores it, you have multiple legal options to recover your money — and can claim up to 50% extra as a penalty.

What if the employer simply ignores the tribunal award?

A tribunal judgment is not self-enforcing. If the employer ignores it, you must take separate action. You can pursue enforcement through the County Court, High Court, or ACAS. Most employers pay voluntarily once judgment is issued, but some do not — particularly if they are in financial difficulty or dispute the award.

What is the difference between County Court and High Court enforcement?

County Court is used for smaller awards (typically under £100,000) and uses straightforward debt recovery procedures. High Court enforcement is used for larger amounts and involves a court-appointed bailiff who can seize assets. High Court enforcement is more formal and expensive but can be more effective against businesses with substantial assets.

What is a third-party debt order?

This allows you to freeze money the employer holds in a bank account and instruct the bank to pay you directly. You must identify the employer's bank and account details. The court issues an order preventing the bank from releasing those funds to anyone but you. This is very effective if the employer has liquid funds.

What is a charging order?

A charging order creates a legal charge (mortgage-like right) over the employer's property, land, or other assets. If they sell the asset later, the debt must be paid from proceeds before they receive anything. It does not give you immediate access to the money but protects your position long-term.

Can I force a company into bankruptcy to recover my award?

Yes — if the company owes you (and possibly other creditors) and is unable to pay, you can petition for the company to be wound up in insolvency. This is a last-resort option, used when the company has assets but will not pay. You must show the company is insolvent and the debt is undisputed. You need legal advice before pursuing this.

What is the ACAS enforcement scheme?

ACAS runs a voluntary scheme where you can register an unpaid tribunal award. ACAS contacts the employer and encourages payment through negotiation. If the employer agrees, ACAS handles the logistics. This is free and quick but relies on the employer's willingness to engage. It is often the first step before court enforcement.

Can HMRC enforce the basic award for me?

Yes — HMRC has a power to enforce arrears of the basic award directly from the employer. You request this through HMRC. It is effective and avoids court action, but applies only to the basic award part of the judgment, not compensatory awards.

What penalty applies if the employer does not pay?

If a tribunal award remains unpaid, you can apply to the tribunal for an uplift of up to 50% of the original award as a sanction. This is discretionary but is increasingly awarded where employers deliberately flout tribunal orders. The uplift is in addition to interest which continues to accrue on the original sum.

Start My Claim — Employment Tribunal Case Builder

Build and track your employment tribunal claim.

How to collect your tribunal award

when the employer won’t pay

Non-payment uplift possible

Enforcement time limit

Recovery methods available

What if the Employer Ignores the Award?

Employment tribunal judgments are not automatically enforced by the courts. If the employer does not pay voluntarily, you must take action yourself. Most employers pay within 4–8 weeks, but some do not.

First step: Request payment formally

Write to the employer (usually their solicitor or HR) setting out the judgment amount, date awarded, and your bank details. Give them 14 days to pay. Keep this letter — it shows good faith and is necessary before pursuing court enforcement.

Second step: ACAS or court enforcement

If they do not pay, you can contact ACAS to register the award for their enforcement scheme, or you can pursue court enforcement directly through the County Court or High Court.

ACAS Enforcement Scheme

ACAS runs a free, voluntary enforcement scheme. You register your award with them and they negotiate payment with the employer.

• You complete the registration form and send it to ACAS with a copy of the tribunal judgment
• ACAS contacts the employer and explains they are registered with the enforcement scheme
• The employer is encouraged to pay or enter a payment plan
• If they agree, ACAS may oversee payment
• If they refuse, ACAS advises you to pursue court enforcement
• • Quick — often resolved within 4–6 weeks
• • Reduces hostility — neutral third party
• • Flexible on payment plans
• • Depends on employer's goodwill
• • No power to force payment
• • Not suitable for employers in dispute about the amount

County Court Enforcement

For most awards, the County Court is the primary enforcement route. You register the tribunal judgment as a court judgment, then pursue recovery.

Converting the tribunal judgment

A tribunal judgment can be enforced in the County Court without need for a separate court order — you simply apply to enforce it. The procedure involves:

• Sending notice to the employer requiring payment within 7 days
• If they do not pay, applying for a Warrant of Control or other enforcement order
• The court then has various enforcement tools at its disposal

Enforcement through the County Court typically takes 8–16 weeks from the initial notice to enforcement action. If the employer has assets and can be located, the process is usually successful.

• Court fees (typically £50–£200 depending on the award amount)
• Bailiff fees if a Warrant of Control is needed (typically £200–£500)
• Solicitor fees if you use a solicitor (typically £500–£2,000)

You can usually recover these costs from the employer, but only if the enforcement is successful.

The court has several tools to enforce payment. Which is used depends on what assets the employer has.

1. Warrant of Control (formerly Warrant of Execution)

A bailiff attends the employer's premises and seizes goods (equipment, stock, furniture) to the value of the debt. These are sold and you receive the proceeds. Effective for businesses with physical assets.

Success: High if employer has valuable moveable assets. Low if employer is a shell company or professional with few assets.

2. Third-Party Debt Order

You freeze money the employer holds in a bank account. The court orders the bank to pay you directly up to the debt amount. You must identify the employer's bank account(s) — this requires some investigation or information from the employer's accountant/Companies House filing.

Success: Very high if employer has liquid funds and account is identified. Fastest method if it works.

You place a legal charge (similar to a mortgage) on the employer's property or other assets. This does not immediately give you access to funds, but prevents the employer from selling the asset without paying you first. Useful for long-term enforcement where the employer owns real estate or valuable assets.

Success: Moderate. Requires the employer to have property/assets and to eventually sell them. Can take years to realise.

4. Attachment of Earnings Order

If the employer is an individual (sole trader, director), the court can order their employer to deduct the debt from their wages. This is slow but reliable.

Success: Moderate. Only works if the individual is employed elsewhere and that employer complies.

5. Judgment Debtor Examination

You can compel the employer (or the company director/owner) to attend court and answer questions about their assets and income. This is useful for locating hidden assets or bank accounts.

Success: Moderate. Often reveals where assets are, allowing you to then pursue other methods.

High Court Enforcement

For larger awards or where the employer has significant assets, High Court enforcement may be appropriate.

When to use High Court:

• • Award over £100,000
• • Employer has substantial assets (land, vehicles, valuable stock)
• • County Court procedures have been unsuccessful
• • Employer is deliberately avoiding County Court bailiffs

High Court bailiff procedure

A court-appointed High Court enforcement officer is more powerful than a County Court bailiff. They can seize more valuable assets, break into premises, and pursue debtors more aggressively. Costs are higher but so is the chance of recovery.

High Court enforcement officer fees: typically £1,000–£5,000 depending on the complexity and assets involved.

Winding Up a Company — Last Resort

If the employer is a limited company that is insolvent or unwilling to pay, you can petition the court to wind it up (force it into liquidation).

Winding up is a serious step that affects all creditors and employees. It is not lightly granted and requires clear evidence of insolvency and a substantial undisputed debt. Only pursue this if other enforcement has failed and the company is clearly unable to pay.

Requirements for a winding-up petition:

• • You have a judgment for a substantial debt (usually over £750)
• • The company has not paid and cannot afford to pay
• • The company is unable to pay its debts (balance sheet or cash flow test)

What happens if successful:

A liquidator is appointed to sell the company's assets and distribute proceeds to creditors in priority order (secured creditors, administrators, employees, then unsecured creditors like you). You are an unsecured creditor, so you may only recover a small percentage of your debt if other creditors rank higher.

Costs: £500–£2,000 for solicitor to prepare the petition, plus court fees. You may not recover these if the company has no assets.

HMRC Enforcement of the Basic Award

If your award includes a basic award (for unfair dismissal), HMRC has a special power to enforce it directly.

How HMRC enforcement works:

You contact HMRC (Insolvency Service) and request that they recover the basic award unpaid for more than 3 months. HMRC can then pursue the employer directly — even issuing demands and taking enforcement action without you having to go to court.

This is very effective and avoids the cost and delay of court proceedings.

• • Only applies to the basic award (statutory compensation for unfair dismissal)
• • Does not apply to compensatory awards (for discrimination, etc.)
• • Requires the award to be at least 3 months unpaid
• • Only available where the employee had two years' service (qualifying period for unfair dismissal claim)

The 50% Non-Payment Uplift

If the employer deliberately ignores a tribunal judgment, you can apply to the tribunal for an uplift in compensation of up to 50% of the original award.

When is the uplift available?

• The award remains unpaid more than 4 weeks after the judgment date
• You have made a reasonable request for payment
• The employer has not paid and shown no genuine steps toward payment
• You have applied to enforce the award through court or ACAS

The uplift is discretionary

The tribunal will consider whether the non-payment was deliberate, the circumstances, and whether the employer has a legitimate dispute about the amount. The uplift can range from 10% to 50%. Most awards in genuine non-payment cases receive 25–50% uplift.

Plus: Interest continues to accrue

On top of the uplift, simple interest accrues on the original award at 8% per year (or the Bank of England base rate plus 8% if higher) from the judgment date until payment. Over multiple years, this becomes substantial.

A £10,000 award unpaid for 2 years = £10,000 + 50% uplift (£5,000) + interest (£1,600) = £16,600 total.

Enforcement Checklist

Follow this order to maximise your chances of recovery:

1. Formal written request for payment (within 14 days)

2. Register with ACAS enforcement scheme (free, low-pressure)

3. If ACAS fails, pursue County Court enforcement (third-party debt order if possible)

4. If payment still not made after 4+ weeks, apply to tribunal for 50% uplift + interest

5. For basic awards, ask HMRC to enforce

6. Last resort: Winding-up petition or High Court enforcement

Build a strong case to avoid enforcement hassle

Start My Claim helps you gather evidence and build a compelling case so you win on judgment day. Most employers then pay without dispute.

Check what your case is worth — free

Free to start · No solicitor needed · Deadlines tracked automatically

Your claim, estimated

What could you actually be owed?

No sign-up, no card, no email. Your numbers just appear below as you type — then you decide whether to build the full case.

Start My Claim is not a law firm. Content is for informational purposes only and does not constitute legal advice.

© 2026 Vindivo Limited

Employment Rights Act 1996

GOV.UK Employment Tribunals