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03 July 2009 / Michael Salter , Chris Bryden
Issue: 7376 / Categories: Features , Tribunals , Discrimination , Employment
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Justice denied?

Chris Bryden & Michael Salter explain why successful tribunal claimants are often short-changed

Ministry of Justice (MoJ) statistics show that only 53% of successful tribunal claimants questioned recently had received the full amount of compensation awarded by the employment tribunal by the end of the 42-day period allowed before interest starts to accumulate. The research, published in May, also found that of the little over 1,000 successful claimants who responded to the questionnaire sent out for the purpose of the paper, 39% had not been paid any compensation, while 40% of unpaid claimants did not know they could enforce the order (see Research into Enforcement of Employment Tribunal Awards in England and Wales).

The results of this survey echo the findings of earlier studies. For example,  in its 2008 Evidence Briefing, Justice Denied, Citizens Advice noted that one in 10 claimants who succeed in their claims is faced with a hollow victory when the employer fails to pay up.

Creatures of statute

It is well known that tribunals cannot enforce their

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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