Employment Tribunals Act 1996, section 15

Enforcement

PART I Employment Tribunals

(1)Any sum payable in pursuance of a decision of an [F133employment tribunalF133] in England and Wales which has been registered in accordance with [F134Procedure RulesF134][F135 shall be recoverable [F136 under section 85 of the County Courts Act 1984F136] or otherwise as if it were payable under an order of [F137 the county courtF137] . F135]

(2)Any order for the payment of any sum made by an [F133employment tribunalF133] in Scotland (or any copy of such an order certified by the Secretary of the Tribunals) may be enforced as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

(3)In this section a reference to a decision or order of an [F133employment tribunalF133] —

(a)does not include a decision or order which, on being [F138reconsidered orF138] reviewed, has been revoked by the tribunal, and

(b)in relation to a decision or order which on being [F139reconsidered orF139] reviewed, has been varied by the tribunal, shall be construed as a reference to the decision or order as so varied.

Definitions used in section 15 2

employment

“employment” means employment under a contract of employment and “employed” shall be construed accordingly,

Defined in s.42(1) · see it in the full Act
Procedure Rules

“Procedure Rules” is to be read in accordance with section 37QA(2), and—

(a)

in Part 1, means Procedure Rules in respect of employment tribunals;

(b)

in Part 2, means Procedure Rules in respect of the Appeal Tribunal,

Defined in s.42(1) · see it in the full Act

Cases considering section 15 13

Anwar v The Advocate General for Scotland

[2021] UKSC 44 · 13 October 2021Interprets

A Scottish employment tribunal payment order is enforceable as if it were a registered decree arbitral bearing a sheriff-court warrant. Direct enforceability does not preclude an ancillary action for interim security (see paras [14]; [35]-[36]).

MacKenzie v The University of Cambridge (Rev 1)

[2019] EWCA Civ 1060 · 20 June 2019

Confirms that sums payable under an employment tribunal decision may be recovered as if payable under a County Court order. It provides monetary enforcement only and does not confer power to order specific performance of a re-engagement order. (see paras [17], [22])

Rank Nemo (DMS) Ltd & Ors v Coutinho

[2009] EWCA Civ 454 · 20 May 2009

Applies the statutory route for registering and recovering an employment tribunal award through the county court. The availability of that enforcement procedure did not bar a separate victimisation claim. (see paras [16]; [36]–[38])

1 more judgment, and what each says about section 15, are in the case-law panel in the full Act.

Amendments and notes

7 notes from legislation.gov.uk

Amendments

  1. F133Words in s. 15 substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1
  2. F134Words in s. 15(1) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 14(a); S.I. 2024/568, reg. 2(b)(iii)
  3. F135Words in s. 15(1) substituted (1.4.2009) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 8 para. 43; S.I. 2008/2696, art. 6(b)(ii)
  4. F136Words in s. 15(1) substituted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 125 (with s. 89); S.I. 2014/768, art. 2(1)(b)
  5. F137Words in s. 15(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  6. F138Words in s. 15(3)(a) inserted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 14(b); S.I. 2024/568, reg. 2(b)(iii)
  7. F139Words in s. 15(3)(b) inserted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 14(b); S.I. 2024/568, reg. 2(b)(iii)