Have been helping a relative with a small (=sub 2k) et claim. Settled through ACAS day before hearing at close to claim value. All good so far.
Just before expiry of deadline for payment under cot3, director of employer respondent sent a personal cheque in part payment. Any downside to banking that and seeing if it clears, while carrying on with enforcement against the company (which FAOD has paid nothing).
The employer in question is an irredeemable piece of shit. All suggestions for legally making them wish they hadn't messed us about will be welcome.
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Sorry, should be a question mark at end of second paragraph.
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I would be very wary of banking that cheque. The approved route for enforcement is in the county court but couldn’t you threaten them with a stat demand first and see if that works?
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Yeah don’t bank cheque. Issue stat demand
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The cheque is being sent potentially to delay payment by a few days (as they take time to clear) but also to potentially found an argument that the claimant banking the cheque is some kind of acceptance of part payment in place of the full sum. It is not a good argument but has been tried by people before.
Do not bank.
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Letter accompanying cheque clearly stated it was only part payment, fortunately. Still don't bank?
ACAS seem to be suggesting we use the "Acas and Employment Tribunal Fast Track scheme" for enforcement. Please tell me this means we just fill in a form and the bailiffs go round the next day ?
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Look at the notes linked to. It’s help to enforce in the CC.
https://assets.publishing.service.gov.uk/government/uploads/system/uplo…
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