Guide to completing the Penalty Enforcement Form



Yüklə 87,64 Kb.
tarix05.09.2018
ölçüsü87,64 Kb.
#66809
növüGuide

logo - department for business, energy & industrial strategy



Guide to completing the Penalty Enforcement Form

When to apply


1.You should complete this form if:

  • the Employment Tribunal judgment was given on or after 6 April 2016 and you have not received the Employment Tribunal award; or

  • you agreed an Acas Conciliated settlement on or after 6 April 2016 which has not been paid.

2.For Tribunal awards, a complaint cannot be made until 42 days after the Tribunal judgment was made. This is to allow time for an appeal to be submitted against the judgment, if the employer disagrees with it.

3.For Acas Conciliated settlements (COT3), you can submit a complaint if payment has not been received by the date agreed as part of the settlement.


Completing the form


4.The form can be completed on your computer or laptop, or can be printed off and completed by hand.

5.If you are completing by hand, please use black ink and block capitals.

6.Please complete all sections. If we have all the information, we will be able to process your complaint more quickly.

7.PART 1: Please complete your contact details. We will use this information to contact you. If you include an email address we will usually contact you by email.

8.PART 2: The judgment reference can be found on the top of the judgment and is marked as ‘case number’. If you are not sure, please provide us with the date of your hearing and the Tribunal Office where your case was heard. The Acas Conciliated settlement reference is the reference at the top of your COT3 settlement agreement.

9.It is important that we know how much the Tribunal awarded to you. Please put the EXACT amount in the box provided.

10.It is also important that we know of ANY payments made to you by the employer. Please provide us with the EXACT amount that has been paid to you in total by the employer since the judgment was made.

11.PART 3: It is important that we know who has failed to pay the award due to you.


The respondent details should be completed with the details of the employer who owes you money. These details MUST MATCH the name and contact details of the respondent named on your judgment or on the Acas Conciliated settlement.

12.When you have completed the form, please email it to us at ETPenalties@bis.gsi.gov.uk or print it and send it to us at Department for Business, Energy and Industrial Strategy, ET Penalties Team, 1st Floor, Spur 2, 1 Victoria Street, London SW1H 0ET – along with a copy of the Employment Tribunal judgment or Acas Conciliated Settlement (COT3).

13.If your form is not accurately completed, or copies of the documents are not supplied, it may delay the processing of your claim.

What happens next


14.We will need to contact the employer and let them know that you have notified us that they have failed to pay the Employment Tribunal award or Acas conciliated settlement.

15.By submitting this form – you are agreeing to the ET Penalties Team contacting the employer regarding the outstanding payment of the award.

16.We will issue a Warning Notice to the employer to let them know that you have contacted us and that they may have to pay a financial penalty to the government if the award is not paid within 28 days.

17.Most employers will be prompted to pay the award due, in order to avoid incurring a government penalty. If they pay the award, they will not be issued with a Penalty Notice.

18.If the employer does not pay the money that is owed to you, we may issue them with a Penalty Notice. The Penalty will be equal to half the award that is outstanding at the time the notice is issued, subject to a minimum of £100 and a maximum of £5,000. The Penalty will be payable to the government, but they must still pay the award to you.

19.If the employer does not pay the money that you are owed, you can seek enforcement through the courts. Further information can be found here: www.gov.uk/employment-tribunals/if-you-win-your-case.


Penalty Enforcement Form


Please read the attached guide for further information on how to complete this form. Items marked with an * must be completed.

1. Your details

1.1 Title* ☐ Mr ☐ Mrs ☐ Miss ☐ Ms

Other (please specify) .

1.2 Last name* Click here to enter text.


1.3 First name* Click here to enter text.

1.4 Address* First line Click here to enter text.

Second line Click here to enter text.

Town Click here to enter text.

County Click here to enter text.

Post code Click here to enter text.


1.5 Telephone* Click here to enter text.

Where we can reach you during the day
1.6 Mobile (If different) Click here to enter text.
1.7 Email address Click here to enter text.

2. Your Tribunal Award or Acas Conciliated Settlement details

2.1 Do you have a judgment or an agreement? A judgment ☐ An Acas agreement ☐


2.2 Judgment / agreement reference Click here to enter text.
2.3 Date of your judgment / agreement Click here to enter a date.

Please use the dropdown menus
Tribunal Office Click here for list

2.4 If this was an agreement, what was the Click here to enter a date.

agreed date for payment?
2.5 The amount of your award/settlement £ Click here to enter text.
2.6 Were costs awarded? Yes ☐ No ☐
If yes, what was the amount? £ Click here to enter text.
2.7 Has the respondent paid any of the award? Yes ☐ No ☐
If, ‘Yes’, how much have they paid? £ Click here to enter text.

3. Respondent details

(This is the employer or organisation who should have paid the award.)
The respondent name and address details MUST be the same as they appear on your Tribunal judgment or COT3 settlement Agreement.
3.1 Respondent name* Click here to enter text.

3.2 Respondent address* First line Click here to enter text.

Second line Click here to enter text.

Town or City Click here to enter text.

County Click here to enter text.

Post Code Click here to enter text.


3.3 Telephone Click here to enter text.
3.4 Email address (if known) Click here to enter text.
3.5 What employment sector does the respondent operate in? Click here to enter text.

BIS/16/202



Yüklə 87,64 Kb.

Dostları ilə paylaş:




Verilənlər bazası müəlliflik hüququ ilə müdafiə olunur ©genderi.org 2022
rəhbərliyinə müraciət

    Ana səhifə