How to enforce an Acas settlement through the fast track scheme
Updated 5 September 2024
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Acas and Employment Tribunal fast track scheme
The Acas and Employment Tribunal fast track scheme is provided by Registry Trust. This allows a High Court enforcement officer (HCEO) to be allocated to your case at the beginning of the enforcement process.
The HCEO will, through a solicitor, act on your behalf to:
- apply for your award to be enforced
- apply for a writ of control
- issue the writ of control
- attempt to recover the monies owed to you by the respondent
Fees
The only fee to be paid by you will be the court fee to issue the writ of control. The court will add the fee to the amount the respondent already owes. If enforcement is successful you will recover the court fee.
You can find more information about court fees.
You can apply for help with court and tribunal fees.
If enforcement is successful the respondent will be charged enforcement fees and interest as required. If enforcement is unsuccessful you will not be required to pay any enforcement fees.
How to use the fast track scheme
Enforcement can start as soon as the respondent has defaulted in payment of the settlement.
To start enforcement, you must complete form EX728.
You must send the completed form and any relevant documents to:
Registry Trust Limited
Acas and Employment Tribunal Enforcement
3rd Floor
12 Carthusian Street
London
EC1M 9EB
A HCEO will be assigned to your case.
Claim interest on the award
Interest on your settlement is payable only if enforcement proceedings are taken.
Interest is payable from the date that the money became due under the agreement the pay by date.
In the absence of a pay by date in the agreement, interest will accrue from the date the agreement was entered into.
Respondent declaration
It is possible for the respondent to make a declaration that the money owed to you is not payable by them under the general law of contract. In order to do this, they must make a separate application to either the court or the Employment Tribunal.
If such an application is made, then you cannot continue to enforce your settlement in court until the declaration application is determined.
However, if you are sure that no such declaration has been made, you can advise the HCEO and the court of this by signing the certification on the enforcement form.
After you’ve submitted your application
Registry Trust will allocate your case to an HCEO on a rota basis.
Once accepted by Registry Trust, you will receive:
• an acknowledgement
• details of the HCEO instructed to enforce the award on your behalf
The HCEO will contact you about payment of the court fee. Once paid, the HCEO will complete the application to the court for issue of the writ of control.
Track the progress of your application
Contact the HCEO’s office.
Allow at least 21 days from the date of acknowledgment by the HCEO before contacting them.
When you will receive your money
If enforcement is successful, you will receive your money 14 days or so after the HCEO has successfully recovered your money.
You will receive the:
- amount of your judgment with interest at 8%
- costs, which will cover your fee
If the HCEO is unable to recover anything, for example because the respondent company has gone into liquidation, you will not be able to recover the court fee.
If the HCEO recovers only part of the award, you will pay the HCEO’s fees in proportion to the amount recovered.
How the High Court enforcement officer will be paid
The HCEO’s fees are paid by the respondent following successful enforcement. If the HCEO is not successful, they will not get paid, or only a proportion of the fees if enforcement is partially successful.
The fees increase depending on whether the HCEO has to visit the respondent or take control of goods to settle payment.
Fast track scheme costs
If the HCEO is unsuccessful you will have to pay the court fee.
You will be liable for a proportion of the fees if there is partial recovery of the award.
Once you have instructed the HCEO, you should no longer have direct contact with the respondent.
If the HCEO takes control of goods to enforce the award, interested third parties may make a claim against the goods. The HCEO will ask you to agree or dispute the claim to the goods. If you agree the claim, the goods will be released.
Other goods may be seized by the HCEO to settle the award. If you fail to respond, the HCEO may apply to court for a hearing to settle the claim.
If you dispute the claim, the third party may apply to the court. If their claim is successful, you may be liable for costs arising from the hearing.
Make a complaint about the service
All HCEOs have an internal complaints procedure — write and explain why you are unhappy, so that the HCEO can try to solve the problem.
If you cannot agree, then you can take a complaint to the High Court Enforcement Officers Association by writing to:
The Chairman
High Court Enforcement Officers Association
Suite S31
Northwich Business Centre, Meadow Street
Northwich
Cheshire
CW9 5BF
You can find out more information about the High Court Enforcement Officers Association.
You can also find out more about the Registry Trust.