Enforcing an unpaid tribunal costs order: What you need to know

Winning your tribunal case should feel like the end of a stressful journey—but what happens when the other party simply refuses to pay? Unfortunately, a tribunal award in your favour doesn’t guarantee payment. Unlike court judgments that come with built-in enforcement mechanisms, most tribunal decisions rely on voluntary compliance. When that doesn’t happen, the burden falls on you to take further action.

What is a tribunal award?

A tribunal award is the decision or ruling made by a tribunal (such as, but not limited to employment disputes and property and land) after hearing a case.

It typically includes:

• Findings on whether the claim (e.g. unfair dismissal, discrimination) is upheld.
• Compensation or remedies granted to the claimant, such as financial payment or reinstatement.

It’s legally binding and enforceable, similar to a court Judgment.

However, winning a tribunal case is only half the battle, getting paid can be the real challenge. Most tribunals cannot enforce their own decisions, so if the other party ignores a costs order, you’ll need to take action through the courts.

Why enforcement matters

Tribunal decisions don’t enforce themselves. If the debtor doesn’t pay, you’ll need to escalate through the courts to recover what’s owed.

Step 1: Register the order

File the tribunal decision at your local County Court hearing centre. Once registered, it becomes enforceable like any other court Judgment.

Step 2: Choose your enforcement method

You have several options under the Civil Procedure Rules:

• Warrant or Writ of Control – Bailiffs will attempt to obtain payment or, if not, attend the debtor’s premises to seize goods to cover the debt.
• Attachment of Earnings Order – Deducts payments directly from wages.
• Third Party Debt Order – Freezes and takes funds from the debtor’s bank account if account details are known.
• Charging Order – Secures the debt against property.
• Bankruptcy or Insolvency – For undisputed debts over £5,000 for individuals and over £750 for companies.

Step 3: Consider fast-track options

For Employment Tribunal awards, the ACAS Fast Track scheme can assign a High Court Enforcement Officer immediately, speeding up recovery.

Step 4: Act quickly

Delays reduce your chances of recovery, so make sure you act fast. Before proceeding, it is worth checking if the debtor has assets before spending on enforcement fees.

Key consideration

Non-payment will be recorded on the Register of Judgments, Orders and Fines, impacting the debtor’s credit rating for up to six years.

Need help recovering your tribunal award?

Enforcing tribunal costs orders can be complex and time-consuming. Our experienced Debt Recovery team at Brachers understands the challenges you’re facing and can guide you through the enforcement process efficiently.

This content is correct at time of publication