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April 30, 2009

Failure to Pay Tribunal Awards Could Result in Employers being "Named and Shamed"

The Register of Judgments, Orders and Fines (Amendment) Regulations 2009 came into effect on 1 April 2009. This provides that employers or individuals who fail to pay Employment Tribunal or Employment Appeal Tribunal awards in England and Wales will be included in the Register of Judgments, Orders and Fines when enforcement proceedings are brought against them in a county court.

Members of the public and credit reference agencies are able to search for defaulters in the Register. The decision to "name and shame" employers or individuals who fail to pay Tribunal awards was taken by the Government in the hope that it will encourage employers to pay sums due in a timely manner, give added weight to Employment Tribunal rulings, reduce the time successful claimants have to wait to receive payment and reduce occurrences of non-payment.

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