Employment Solicitor expresses concern over loophole
20 October 2008
A recent report by the charity Citizens Advice has revealed that around 1 in 10 people who were awarded money by the Employment Tribunal fail to receive their remedy.
Around 15,000 cases reach the tribunal and are successful but an estimated 1,500 of those successful have to pursue their award through the courts. Many however, give up due to frustration or most likely the increased costs in going through the court process.
The report reveals that those employed in what the report calls low-paid, low skilled jobs with the retail, catering, cleaning & construction sectors made up the majority of those not receiving their awards.
Liam Kenealy, employment solicitor at Ashton Morton Slack explains, "The tribunals have no power to enforce the awards they make. As a result a successful claimant who does not receive their award has to pursue the matter through the courts. If the award is for less than £5,000 (deemed a small claim) then this has to be done in the County Court and the Claimant can only recover limited costs which will put a lot of people off pursuing the matter.
Changes have to be made to ensure that this loophole is closed otherwise individuals are being punished twice; firstly through losing their jobs unfairly and secondly by not recovering the money that the Employment Tribunal deems they are entitled to."
If you wish to make a claim to the Employment Tribunal or are struggling to enforce an award made in your favour contact us on 0114 228 6235.