Early conciliation

Getting paid as part of an Acas settlement

If you reached a COT3 agreement under conciliation, the respondent might have agreed to pay you some money. Contact us if you do not get paid.

Acas conciliators cannot force the respondent to pay, but they can:

  • explain your options
  • contact the respondent to remind them what they agreed
Tell us if you do not have a copy of your COT3. You will need this later. We do not keep a copy for longer than 6 months.

If the respondent does not pay, you can:

  • use the free penalty enforcement scheme
  • get a court to force them to pay

Use the free penalty enforcement scheme

The government provides a free service called the 'employment tribunal penalty enforcement and naming scheme'. It's not just for employment tribunal awards – you can use it for your COT3 agreement.

Download the employment tribunal penalty enforcement form on GOV.UK.

The respondent will get a warning notice giving them 28 days to pay you. If they still do not pay, they'll be fined, and you can go to court to force them to pay.

Get a court to force the respondent to pay

How you do this depends on which country you're in.

England and Wales

For most Acas settlements, you can use the Acas and Employment Tribunal Fast Track scheme. A high court enforcement officer will be assigned to you and will force the respondent to pay.

Download form EX728 (to use the Fast Track scheme) on GOV.UK.

Alternatively, you can apply directly to the court by using form N322B. You can find form N322B (to enforce an Acas settlement) on GOV.UK.

If you have a conditional settlement, you cannot use the Fast Track scheme and must use form N322A. A conditional settlement is when you have agreed to do something before the money is paid. You can find form N322A (to enforce a conditional Acas settlement) on GOV.UK.  

Scotland

Tell your conciliator you are taking the respondent to court in Scotland. They will send you a letter which confirms that settlement was reached.

Send the conciliator's letter and a copy of your COT3 to a sheriff officer. They will enforce the settlement through a sheriff court.

Find a sheriff officer on the SMASO website.

Costs, fees and interest

It can cost money to take the respondent to court, but you will get back:

  • the money they owe you
  • the fees you paid to take them to court
  • interest on the money they owe you

Help and advice with enforcement

Acas cannot help you take the respondent to court, but you can get advice from other organisations. Find out about getting legal advice.

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