Legal Information Centre


16 October 2008 by Mary Heaney

1,500 tribunal winners denied payouts by "rogue employers"

A new report has revealed that 1,500 employees a year are not receiving the payouts awarded to them by employment tribunals. The research has concluded "rogue employers" are to blame for exploiting a loophole in the system.

A new report has revealed that 1,500 employees a year are not receiving the payouts awarded to them by employment tribunals. The research, published by Citizens Advice, has concluded "rogue employers" are to blame for exploiting a loophole in the system.


The report, entitled 'Justice denied', shows that as many as one in ten of the 15,000 successful claimants a year do not receive the money awarded to them by employment tribunals. Citizens Advice has laid the blame for this shortcoming with employers who are exploiting the fact that Employment Tribunals have no powers to enforce the awards made.


The advice charity has identified individuals in low paid, low skilled work – such as bar staff and construction workers - as the most common victims of this injustice. They have also called for state-led enforcement of awards to ensure that mistreated employees receive their awards.


"These are striking figures," says Jonathan Mansfield of employment solicitors Thomas Mansfield, "but we know from experience that employers will rely on the fact that it is necessary to go through a county court to get payment enforced."


"An employment tribunal decision is only stage one," Mansfield explains, "but the county court procedures are reasonably straightforward. The decision only needs to be registered and a second hearing isn't required."


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