8. Getting paid as part of an Acas settlement
If you reached a conciliation agreement (COT3), the respondent might have agreed to pay you some money. Contact us if you do not get paid.
Acas conciliators cannot force the respondent to pay, but they can:
- explain your options
- contact the respondent to remind them what they agreed
If the respondent does not pay, you can:
- use the free penalty enforcement scheme
- get a court to force them to pay
Use the free penalty enforcement scheme
The government provides a free service called the 'employment tribunal penalty enforcement and naming scheme'. It's not just for employment tribunal awards – you can use it for your COT3.
Download the employment tribunal penalty enforcement form on GOV.UK
The respondent will get a warning notice giving them 28 days to pay you. If they still do not pay, they'll be fined, and you can go to court to force them to pay.
Get a court to force the respondent to pay
How you do this depends on which country the respondent is in.
England and Wales
For most Acas settlements, you can use the Acas and Employment Tribunal Fast Track scheme. A high court enforcement officer will be assigned to you.
Download form EX728 (to use the Fast Track scheme) on GOV.UK
Alternatively, you can apply directly to the court by using form N322B. You can find form N322B (to enforce an Acas settlement) on GOV.UK.
If you have a conditional settlement, you cannot use the Fast Track scheme and must use form N322A. A conditional settlement is when you have agreed to do something before the money is paid. You can find form N322A (to enforce a conditional Acas settlement) on GOV.UK.
Scotland
Tell your conciliator you are taking the respondent to court in Scotland. They will send you a letter which confirms that settlement was reached.
Send the conciliator's letter and a copy of your COT3 to a sheriff officer. They will enforce the settlement through a sheriff court.
Find a sheriff officer on the SMASO website
Costs, fees and interest
It costs money to take the respondent to court. However, if enforcement is successful you should get back:
- the money they owe you
- the fees you paid to take them to court
- interest on the money they owe you
Help and advice with enforcement
Acas cannot help you take the respondent to court, but you can get advice from other organisations.