BIS have published a penalty enforcement form for use by a claimant who has won a tribunal or settled a claim via Acas, but the sums due have not been paid and the claimant wants the defaulter fined. The provisions for penalising employers who fail to pay tribunal awards or settlement sums came into force on 6 April 2016. For tribunal awards, a complaint cannot be made until 42 days after the tribunal judgment was made. This is to allow time for an appeal to be submitted. For Acas Conciliated settlements (COT3), a complaint can be submitted if payment has not been received by the date agreed as part of the settlement. The defaulter will get a warning notice giving them 28 days to pay. If they still do not pay, they will be issued with a penalty notice. The penalty will be 50% of the sum owed, with a minimum of £100 and a maximum of £5000, and payable to the Secretary of State.

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