Unpaid ACAS COT3 Settlement: How to Enforce It (Form EX728)

At a glance

• What a COT3 is: a binding settlement recorded by an ACAS conciliation officer under section 19A of the Employment Tribunals Act 1996 — it is not automatically enforceable like a county court judgment, but the law gives you a specific route to make it enforceable.
• First step, always: a short written reminder to the respondent, giving a clear deadline (commonly 7–14 days), before you spend money on formal enforcement.
• Free option before any paid route: the government's employment tribunal penalty enforcement and naming scheme can be used for an unpaid COT3 — GOV.UK states the respondent gets a 28-day warning notice before a fine follows (check GOV.UK for the current administering body, as this has recently changed).
• Main paid enforcement route: the Acas and Employment Tribunal Fast Track scheme, started with form EX728, which gets a High Court Enforcement Officer (HCEO) allocated automatically and gets you a writ of control.
• Alternative routes: applying directly to the county court with form N322B (unconditional settlements) or form N322A (conditional settlements).
• Interest: only becomes payable once enforcement proceedings are taken — GOV.UK confirms a successful Fast Track recovery includes interest at 8% per year, running from the pay-by date in the agreement (or the date the agreement was made if no pay-by date is stated).
• Fees: you pay the court fee to issue the writ of control up front; GOV.UK states this is added to what the respondent owes and refunded to you if enforcement succeeds. Always check GOV.UK for the current fee amount before applying.
• No guarantee of recovery: if the respondent has no assets, or the company is insolvent, the HCEO may recover nothing — enforcement can only take from what actually exists.

What a COT3 is, and why it isn't automatically enforceable

A COT3 is the form ACAS uses to record the terms of a settlement reached through its conciliation service, whether during Early Conciliation before a tribunal claim is issued or once tribunal proceedings are already under way. Once both sides sign it, it becomes a binding settlement under section 19A of the Employment Tribunals Act 1996, and it typically ends the underlying dispute — the claimant cannot usually bring or continue a tribunal claim on the matters the COT3 covers.

The practical problem is this: a COT3 is a contract, not a court judgment. Unlike an unpaid County Court Judgment, you cannot simply instruct a bailiff the moment the payment date passes. Section 19A solves this by giving you a statutory right to recover any unpaid "settlement sum" in England and Wales by execution issued from the county court, or otherwise as if the sum were payable under an order of that court. In other words, the law treats the debt as enforceable like a county court order — but you have to take a positive step (the enforcement application) to activate that right; it does not happen automatically.

This is a legal requirement, not guidance: section 19A(3)(a) is the specific statutory provision that makes an unpaid COT3 sum recoverable through the county court enforcement machinery in England and Wales.

Step 1: check the settlement terms and write to the respondent first

Before spending any money on formal enforcement, two practical steps are worth taking.

1. Re-read the COT3 carefully. Confirm the exact sum due, the payment date (or "pay-by date"), and whether payment is conditional on you doing something first — for example, returning company property or providing a reference request. If the wording is ambiguous about what triggers payment, resolve that ambiguity before committing time and money to enforcement; a conditional settlement is enforced through a different form (see below).
2. Send a short, firm written reminder. Set a clear deadline — commonly seven to fourteen days — and state plainly that you will pursue enforcement if payment is not received by that date. Keep a dated copy of everything you send and any response. This is best practice, not a legal requirement, but a paper trail of a clear reminder and deadline strengthens your position if the respondent later disputes when the debt fell due, and sometimes prompts payment without further cost.

Step 2: the free penalty enforcement route (try this before paying any fee)

Before committing money to formal court enforcement, ACAS guidance points to a free government scheme that can be used for an unpaid COT3, not only for unpaid employment tribunal awards. You apply using the process set out in GOV.UK's employment tribunal penalty enforcement and naming scheme guidance.

Under this scheme, the respondent is sent a warning notice giving them a set period to pay — GOV.UK states this is 28 days. If they still do not pay, they can be issued with a financial penalty. This scheme puts pressure on the respondent and costs you nothing to use, but it does not itself hand your money over — it is a lever to encourage payment, run alongside or before the enforcement routes below. Responsibility for administering this scheme has recently moved between government bodies, so check GOV.UK for the current contact details and process before applying, rather than relying on older guidance that may name a different administering body.

Step 3: the Fast Track scheme (form EX728) — the main enforcement route

If the free route does not produce payment, the Acas and Employment Tribunal Fast Track scheme is the enforcement route built specifically for unpaid COT3s and unpaid tribunal awards. It is provided by Registry Trust, and its defining feature is that it allocates you a High Court Enforcement Officer (HCEO) automatically at the start of the process, who then acts on your behalf.

How to apply

1. Complete form EX728. GOV.UK confirms enforcement can start as soon as the respondent has defaulted on the payment date in the settlement — you do not need to wait any further fixed period once that date has passed.
2. Send the form and your COT3 to Registry Trust Limited, Acas and Employment Tribunal Enforcement, 3rd Floor, 12 Carthusian Street, London EC1M 9EB (postal address per GOV.UK's current guidance — confirm this has not changed before posting).
3. Registry Trust allocates an HCEO to your case on a rota basis. Once accepted, you receive an acknowledgement and the details of the HCEO instructed to act for you.

What the HCEO then does

According to GOV.UK, the HCEO — acting through a solicitor — will:

• apply for your settlement sum to be enforced;
• apply for a writ of control;
• issue the writ of control; and
• attempt to recover the money owed to you from the respondent.

A writ of control authorises the HCEO to take control of goods belonging to the respondent and, if necessary, sell them to raise the money owed. It is the High Court equivalent of the warrant of control used by county court bailiffs — see the FAQ below for the distinction, since the two terms are often used loosely and inaccurately online.

Fees, and who pays them

GOV.UK's guidance on the Fast Track scheme sets out the cost structure clearly:

• The only fee you pay is the court fee to issue the writ of control. The court adds this fee to the amount the respondent already owes, and you get it back if enforcement succeeds.
• The HCEO's own fees are paid by the respondent following successful enforcement — not by you.
• If enforcement fails, you are not required to pay the HCEO's fees, but GOV.UK states you will not recover the court fee you paid to issue the writ.
• If the HCEO recovers only part of the award, you pay a proportion of the HCEO's fees corresponding to the amount actually recovered.

The exact court fee amount changes from time to time. Check the current figure on GOV.UK's fees in the civil and family courts (EX50) publication before applying, and see GOV.UK's guidance on help with court and tribunal fees if cost is a barrier.

Interest on the amount owed

Interest is not automatic simply because the respondent is late. GOV.UK is explicit that interest on a COT3 settlement is only payable if enforcement proceedings are taken. Once you do enforce:

• Interest runs from the pay-by date stated in the agreement, if there is one.
• If the agreement does not state a pay-by date, interest instead runs from the date the agreement was entered into.
• GOV.UK states that on a successful Fast Track recovery, you receive the judgment amount with interest at 8% per year, plus your costs (which cover your court fee).

Timescales

GOV.UK's guidance gives two concrete markers: allow at least 21 days from the date the HCEO acknowledges your case before contacting their office to check progress, and if enforcement is successful, expect to receive your money roughly 14 days after the HCEO recovers it from the respondent. There is no fixed overall timescale for the whole process — it depends on how quickly the respondent can be located, whether they have recoverable assets, and whether they raise a dispute (see below).

If the respondent disputes the debt

The respondent can apply — to the county court, the sheriff court in Scotland, or an employment tribunal — for a declaration that the sum is not payable under the general law of contract. If they make this application, section 19A(7) of the Employment Tribunals Act 1996 means you cannot continue to enforce under section 19A while that application is pending. If you are confident no such application has been made, you can say so by signing the certification on the enforcement form; if you are wrong, or the respondent applies after you have signed it, enforcement pauses until the dispute is resolved.

Keep the signed COT3 and any correspondence about the dispute readily accessible, as you may need to produce them quickly if a declaration application is raised.

Alternative routes: applying directly to court

The Fast Track scheme is not the only way to enforce an unpaid COT3. ACAS guidance confirms you can instead apply directly to the county court:

• Form N322B — used to enforce most unconditional Acas settlements (where nothing else needs to happen before the money is due).
• Form N322A — used instead of N322B where the settlement is a conditional settlement: one where you agreed to do something (for example, sign a reference letter or return property) before the respondent's payment obligation arises. GOV.UK's guidance confirms a conditional settlement cannot use the Fast Track scheme (form EX728) and must go through form N322A.

Going direct to the county court can suit cases with unusual settlement terms, or where you prefer more direct control over the enforcement application rather than having an HCEO allocated automatically. It follows the same underlying section 19A right to recover the sum as if it were a county court order — the difference is procedural, in how you activate that right. For general background on making the county court do the enforcing once a sum is treated as due under its order, see GOV.UK's guidance on enforcing a judgment or order.

If the respondent has no money, or is insolvent

Enforcement can only recover what actually exists to be recovered. If the respondent is an individual with no realisable assets, or a company that has entered administration, liquidation, or another formal insolvency process, the HCEO's ability to recover anything through a writ of control is limited or removed entirely — GOV.UK confirms that if the HCEO cannot recover anything, for example because the company has gone into liquidation, you will not get back even the court fee you paid.

Where a company respondent is or becomes insolvent, enforcement action against it is typically stayed once formal insolvency procedures begin, and your practical route becomes proving as an unsecured creditor in that insolvency process — which frequently results in partial payment, sometimes years later, or no payment at all if there are no funds for unsecured creditors. This is a genuinely difficult position with no guaranteed fix; it is worth raising with an adviser early if you suspect the respondent may already be in financial difficulty, since it affects which enforcement route is worth the cost of pursuing.

Common mistakes to avoid

• Waiting too long to act. Enforcement can start as soon as the payment date in the COT3 has passed — there is no need to wait weeks "to be sure." The longer you wait, the more time a struggling respondent has to dissipate assets.
• Assuming interest accrues automatically. It does not. Interest only becomes payable once you take enforcement proceedings, and only from the pay-by date (or the agreement date if none is stated) — not from some earlier point you might expect.
• Confusing a warrant of control with a writ of control. They serve the same broad purpose but operate in different courts, through different enforcement officers, with different fee structures. The Fast Track scheme uses a writ of control (High Court), not a warrant of control (county court).
• Skipping the free penalty enforcement scheme. It costs nothing to try and can produce payment or a fine on the respondent without you spending money on court fees first.
• Not checking whether the settlement is conditional. If it is, form EX728 and the Fast Track scheme are not available to you — you need form N322A instead.
• Signing the "no dispute" certification without being sure. If the respondent has, in fact, applied for a declaration that the sum is not payable, enforcement is paused regardless of what you certified — check first if you have any doubt.

This page provides general information about enforcing an unpaid ACAS COT3 settlement in England and Wales. It is not legal advice and does not take account of your specific circumstances; reading it does not create a solicitor-client relationship. LegalDocuments.co.uk is not a law firm and is not regulated by the Solicitors Regulation Authority. Fee amounts, timescales, and the administering body for the penalty enforcement scheme change from time to time — always check GOV.UK for the current position before applying. For advice tailored to your situation, speak to our telephone legal advice service or a regulated solicitor.

Last reviewed: July 2026 by a non-practising solicitor · Next review due: July 2027 or on legislative change.