If the tribunal upholds a claim but does not have time to decide what compensation or other remedy should be awarded, the case will be adjourned to a later date, when a further hearing will be held to deal with remedies. The parties may be able to settle the claim before that date and so avoid the expense of a further hearing.
If a claimant has been claiming Income Support or Job Seekers' Allowance, the Department for Work and Pensions can in some cases recover those benefits from the compensation that the claimant is awarded by the tribunal. This is known as recoupment. Since the recoupment rules do not apply to sums paid under a negotiated settlement, there is a strong incentive for claimants who have been claiming benefits to settle their claim before the tribunal hearing, or before the hearing on remedies. Where recoupment applies, the respondent will be required to pay part of the award to the claimant and part to the Department for Work and Pensions.
If compensation is awarded by the tribunal, it should be paid promptly to avoid liability for interest. Interest becomes payable 14 days after the decision is sent to the parties in discrimination cases and 42 days after the decision is sent out in other cases.
If the respondent does not pay the compensation the tribunal has awarded, the claimant can apply to the county court or, in Scotland, the sheriff court, to convert the tribunal's award into a court judgment. The claimant can then use the court's enforcement mechanisms to obtain payment.