Employment tribunal

[auzzie]

The facts are simple as follows:
Left job, not paid final weeks money, went to ACAS-who were rubbish, put my own claim into an Employment tribunal hearing, Won, (yay), Employer had 41 days to pay, they didn't, was told to "enforce" the order, I did, got the enforcement.The court has now told me that i have to issue a warrant of execution and that in cases like this i cannot add interest even though the tribunal's order says i can!! Or do they mean that from the day of the enforcement i can't claim any more interest? if i can add interest, how do i determine the amount to add? Sorry if i appear to be a bit on the thick side, it's probably because i am! Is a Warrant of Exexcution the right form to complete?

[factor-fiction]

I doubt the interest is worth bothering with- it will probably be less than a pound.
If the court says this is the form to complete I think I would trust them

[Hymie]

A friend recently had cause to contact ACAS concerning an employment issue, and I can tell you that the advice they got was complete rubbish. You could ring my mum, who is 84 years old and does not know what day of the week it is – and got a better answer.

Perhaps I will suggest my mum freelances for them, to improve the service.

[bednobs]

factor, i know you are a maths teacher, but i'm struggling to work out how you could put a figure to interest when you don't know 1) how much a week's wages is worth to auzzie (could be £10,000) 2) how long ago she got the order (maybe it's been a year?) or 3) what interest rate to apply!

[factor-fiction]

Hi bednobs,

Anyone who earned £10000 a week would have used a solictor, I think.

I made some assumptions. I assumed the wage was about average at £500 a week. With interest rates at around 2% that would be only £10 a year or 20p a week (before tax). I was considering the interest from the date of enforcement, which I assumed was fairly recent.

[maclarencat]

If you speak to your local court and explain what you need to know they will help you. I have always found them very helpful but it is some time since I was involved in enforcing court orders so cannot adise as information I have may be out of date. However I was ofthe understanding that you could claim interest from the date of the tribunal findings. That certainly used to be the case. I doubt you can claim once enforcement has been issued as they wouldnt know how much interest was due on a day by day basis . A warrent of execution will enable you to send the bailiffs to get your money.

[Brancaster]

A weeks money eh ? get over it and stop wasting everyones time and money.

[bednobs]

What? so if your employer just decided to only pay YOU 3/4 of your usual pay you'd just get over it would you?
Or if you are on benefits, would you be happy if they just decided not to give you any money one week?

[Brancaster]

Yes I would get over it and learn by it - why should the public purse pursue a claim you have against an ex-employer - and im not a benefit leech so that point is irrelevant.

[auzzie]

thank you everyone that has replied constructively. Brancaster, would you be saying that if i told you that i was a one parent family, never claimed, nor wanted to claim, benefits and live from hand to mouth on a weekly basis? I'm glad that you are in a very privileged position of being able to forego a weeks wage or benefits. Or are you a kept man/woman. Either way good luck to you and have a happy life :-)

[auzzie]

By the way, i had to pay the court and the court claims it back from the employer. No public purse involved!

[Barmaid]

Auzzie - what you get in interest will depend on the original order. I don't touch employment law so I do not know if there is a prescribed rate of interest. In civil law the rate is discretionary until judgement (but could be 6%) and 8% after judgement. It really all depends on the original order.

Brancaster - this is answerbank not "judgemebank", if you have nothing constructive or helpful to say, don't bother posting.

[auzzie]

Thank you Barmaid. I now know the interest is 8%. So to achieve the interest payable is it £*** x 8% x days /352??

[maclarencat]

Yes ????x8% divide by 365 x No of days

[maclarencat]

Where did you get 352 from?

[auzzie]

Sorry went dyslexic, i did mean 365!! Honest