Tribunals, Courts and Enforcement Act 2007

Part 7: Miscellaneous

Commentary on Sections: Part 7

Section 142: Recovery of sums payable under compromises involving ACAS

647.Section 142 amends the Employment Tribunals Act 1996 to provide that sums payable under ACAS negotiated settlements are enforceable in England and Wales as if they were sums payable under a county court order, and in Scotland by diligence as if the certificate were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court. In each case, the sum is not recoverable if the person by whom it is payable obtains a declaration in the relevant jurisdiction that the sum would not be recoverable from him under the general law of contract.

648.Rules of court may make provision as to time limits within which an application to a county court (or, in Scotland, a sheriff) for a declaration that a compromise sum is not recoverable is to be made; and when an application (whether made to a county court, the sheriff or an employment tribunal) for a declaration that a sum is not recoverable is pending.