Parties involved in employment litigation are acutely aware that the possibility of adverse publicity can provide a strong incentive to resolve a dispute.  But if a negotiated resolution cannot be achieved, the risk of negative publicity may also play a part in ensuring that any compensation awarded is promptly paid.

The Department for Business, Energy and Industrial Strategy (BEIS) has announced the introduction of a new naming and shaming scheme for employers who do not pay employment tribunal awards within a reasonable time (similar to the scheme for naming employers who fail to pay NMW).

The names of employers, together with the amount of the employment tribunal award, will be set out in press releases published on a quarterly basis on the website. This will apply to unpaid awards of £200 or more that are registered with BEIS on or after 18 December 2018.

This scheme is in addition to the existing rules permitting the ET to impose a financial penalty on employers who fail to pay tribunal awards or settlements.