Part 7Miscellaneous
Employment tribunals: ACAS
142Recovery of sums payable under compromises involving ACAS
In the Employment Tribunals Act 1996 (c. 17), after section 19 insert—
19AConciliation: recovery of sums payable under compromises
1
Subsections (3) to (6) apply if—
a
a conciliation officer—
i
has taken action under section 18 in a case, and
ii
issues a certificate in writing stating that a compromise has been reached in the case, and
b
all of the terms of the compromise are set out—
i
in a single relevant document, or
ii
in a combination of two or more relevant documents.
2
A document is a “relevant document” for the purposes of subsection (1) if—
a
it is the certificate, or
b
it is a document that is referred to in the certificate or that is referred to in a document that is within this paragraph.
3
Any sum payable by a person under the terms of the compromise (a “compromise sum”) shall, subject to subsections (4) to (7), be recoverable—
a
in England and Wales, by execution issued from a county court or otherwise as if the sum were payable under an order of that court;
b
in Scotland, by diligence as if the certificate were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
4
A compromise sum is not recoverable under subsection (3) if—
a
the person by whom it is payable applies for a declaration that the sum would not be recoverable from him under the general law of contract, and
b
that declaration is made.
5
If rules of court so provide, a compromise sum is not recoverable under subsection (3) during the period—
a
beginning with the issue of the certificate, and
b
ending at such time as may be specified in, or determined under, rules of court.
6
If the terms of the compromise provide for the person to whom a compromise sum is payable to do anything in addition to discontinuing or not starting proceedings, that sum is recoverable by him under subsection (3)—
a
in England and Wales, only if a county court so orders;
b
in Scotland, only if the sheriff so orders.
7
Once an application has been made for a declaration under subsection (4) in relation to a sum, no further reliance may be placed on subsection (3) for the recovery of the sum while the application is pending.
8
An application for a declaration under subsection (4) may be made to an employment tribunal, a county court or the sheriff.
9
Employment tribunal procedure regulations may (in particular) make provision as to the time within which an application to an employment tribunal for a declaration under subsection (4) is to be made.
10
Rules of court may make provision as to—
a
the time within which an application to a county court for a declaration under subsection (4) is to be made;
b
the time within which an application to the sheriff for a declaration under subsection (4) is to be made;
c
when an application (whether made to a county court, the sheriff or an employment tribunal) for a declaration under subsection (4) is pending for the purposes of subsection (7).
11
Nothing in this section shall be taken to prejudice any rights or remedies that a person has apart from this section.
12
In this section “compromise” (except in the phrase “compromise sum”) means a settlement, or compromise, to avoid proceedings or bring proceedings to an end.