I won an employment tribunal case against my employer in Mallaig, Scotland. I was awarded compensation for unfair dismissal, which I was a victim of. The employer has not paid. What are the further actions I can take?

Forcing them to pay if you’re in Scotland

Make a claim to an employment tribunal

When you can claim

You can make a claim to an employment tribunal if you think someone has treated you unlawfully, such as your employer, a potential employer or a trade union.

Unlawful treatment can include:

unfair dismissal

discrimination

unfair deductions from your pay

This guide and the online service are also available in Welsh (Cymraeg).

You usually have to make a claim to the tribunal within 3 months of your employment ending or the problem happening.

The tribunal is independent of government and will listen to you (the ‘claimant’) and the person you’re making a claim against (the ‘respondent’) before making a decision.

See if there’s another way to solve the problem before you make a claim to a tribunal, such as using a grievance procedure.

Before you make a claim

You must tell the Advisory, Conciliation and Arbitration Service (Acas) that you intend to make a claim to the tribunal.

You’ll be offered the chance to try and settle the dispute without going to court by using Acas’s free ‘Early Conciliation’ service.

If early conciliation does not work, Acas will send you an early conciliation certificate - use this when you make a claim to the tribunal.

Once you receive your certificate, you’ll have at least one month left to make your claim.

Help you can get

Call the Employment Tribunal customer contact centre if you have any questions about your claim. They cannot give you legal advice.

Call Acas if you have any questions about early conciliation. They cannot answer questions about your claim.

Legal help

You may want to get legal help or advice if you’re in England and Wales or Scotland before you make your claim.

Your trade union may be able to pay for a solicitor.

You can also get free legal advice from Citizens Advice or Citizens Advice Scotland.

The Equality Advisory and Support Service can help if your claim is about discrimination. You may also be able to get legal aid.

Make a claim

You can make a claim to the employment tribunal online.

You should read the guidance for whistleblowing if it relates to your claim.

This online service is also available in Welsh (Cymraeg).

There’s a different way to claim if you live in Northern Ireland.

Claim online

Make a claim by post

You can also download and fill in a claim form.

Read the guidance for making a claim before you fill in the form. You should also read the guidance for whistleblowing if it relates to your claim.

You do not have to pay a fee to make a claim to the Employment Tribunal, even if it says so on the form.

Send your completed form to one of the following addresses, depending on where you were working.

Talk-through service

Use the employment tribunal talk-through service only if you’re unable to use a computer without help.

Before calling make sure you have:

your Acas early conciliation certificate number or a valid reason why you do not have one

details of your claim including the background, dates and people involved

This service will not give you advice on the details of your claim. Contact the number for general enquiries instead.

After you make a claim

The respondent usually has to reply to your claim in writing within 28 days of getting your claim form. They will give their side of the case.

Once they’ve replied, the tribunal will decide whether there will be a full hearing to decide on your case.

If they do not reply, the tribunal may decide on your case without you having to go to a hearing.

Hearings and coronavirus (COVID-19)

Because of coronavirus, your hearing may take place by phone, by video or in person.

If you’re a legal professional, read guidance on how cases are affected by COVID-19.

‘Preliminary hearing’

You may be asked to go to an initial hearing (called a preliminary hearing) with the judge to decide on things like:

whether part or all of your claim can go ahead

the date and time of a hearing

how long the hearing should take

Arrange documents

You can ask the respondent for documents that will help you with your case, and they can request documents from you.

Examples of documents include:

a contract of employment

pay slips

details of your pension scheme

notes from relevant meetings you attended at work

Usually the tribunal will issue an order setting out a timetable for when you should exchange documents.

You’ll be sent a letter telling you how many copies of each document to bring to the hearing.

Organise witnesses

You can bring witnesses to the hearing if they can give evidence directly relevant to your case.

If you ask a witness to attend and they do not want to, you can ask the tribunal to order them to come. You must apply in writing to the tribunal office dealing with your case, giving:

the name and address of the witness

details of what the witness may be able to say and how it will help your case

the reason the witness has refused to attend (if they gave you one)

You’ll most likely be responsible for paying the witness’s expenses.

Going to a tribunal hearing

Cases are normally held at the employment tribunal office closest to where you worked.

You must take the documents you’re using to support your case. You can take a colleague or someone else with you if you want.

You cannot claim for expenses for going to the hearing.

Because of coronavirus (COVID-19), your hearing may take place by phone, by video or in person. If you need to attend in person, find out what to expect when coming to your hearing. The tribunal will contact you and tell you how the hearing will take place.

What happens at the hearing

You’ll present your case to the tribunal - someone else can do this for you, for example a lawyer, friend or family member. The respondent will present their case against you.

You’ll normally give evidence first, unless your case is about unfair dismissal. You can also call witnesses to give evidence.

You will usually be asked questions by:

the judge

the respondent

two other tribunal members (only in certain cases)

Get a decision

You’ll be sent the decision in the post a few days or weeks after the hearing. The decision will be published on GOV.UK. In certain cases you may also be given the decision at the hearing.

If you win your case

If you win your case, the tribunal can order the losing party to do certain things depending on the type of case. Examples include:

paying you compensation

paying you any witness expenses you’ve paid

improving your working conditions

giving you your job back, if appropriate

If you get compensation, the amount can depend on:

the type of case - there are limits on certain cases

how much money you’ve lost because of the respondent’s actions

your age, length of service and salary

If the respondent does not pay

If you do not get your payment, contact them to find out why.

If they still do not pay you can ask to have them fined and named online by the government. You can also ask a court to force them to pay.

You cannot do these things if the respondent has appealed, or is about to. They have 42 days to appeal.

Get the respondent fined and named online by the government

Use the penalty enforcement form. Post it to the address on the form or email it to the Department for Business, Energy and Industrial Strategy.

The respondent will initially get a warning notice telling them they may be fined, and named online by the government.

If they do not pay the compensation within 28 days of this notice they’ll have to pay a fine and may be named online by the government.

You can still get a court to force them to pay.

Forcing them to pay if you’re in England or Wales

You can use the Fast Track scheme to send a High Court Enforcement Officer - similar to a bailiff - to demand payment from the respondent.

It costs £66, which you get back from the respondent when they pay.

Fill in the Fast Track Enforcement form (or the Acas settlement form if your case was settled before a hearing) and send it to the address on the form.

You can also ask the local county court to send an enforcement officer to get the money from the respondent. This costs £44.

Fill in an application to enforce an award form and send it with a copy of the tribunal’s decision to your local county court.

Forcing them to pay if you’re in Scotland

Write to the office that heard your case and ask for an ‘extract of the judgment’. A sheriff officer can use this to force the respondent to pay.

If the respondent is ‘insolvent’ (for example, they’re in administration, liquidation or receivership) you can make a claim for money they owe you, including redundancy payments.

If you lose your case

You can ask the tribunal to reconsider the decision (or ‘judgment’) if you lose your case.

You must write to the tribunal office within 14 days of getting the decision, saying why you want it to be reconsidered.

You also need to give good reasons, for example:

the tribunal made a mistake in the way it reached its decision

you were not told about the hearing, or were not at the hearing

there’s new evidence

Send your letter to the tribunal office that dealt with your case.

Appeal to the Employment Appeal Tribunal

You can also appeal to the Employment Appeal Tribunal if you think the employment tribunal made a legal mistake.

Get a refund for tribunal fees

You can get a refund if you paid fees at an Employment Tribunal or Employment Appeals Tribunal between 29 July 2013 and 26 July 2017.

How to apply

You can apply online if:

you have not changed your name since you made the claim to the tribunal

your claim was against one employer

you have a UK bank account

Otherwise, you can apply by post or email.

You’ll need to include how much you paid in tribunal fees.

Apply online

Use the service to apply for a refund online.

Apply by email or post

The form you use depends on why you paid the fees.

Use form 1/2-CR if:

you made the claim on your own and paid the fees

a claim was brought against you and you were ordered to pay someone’s fees, or if you paid any other fees to the tribunal

you were the ‘lead claimant’ in a joint (‘multiple’) claim for less than 11 people

Use form 3-S if:

you paid the fees for someone else to make the claim

you were the ‘lead claimant’ in a joint (‘multiple’) claim for over 10 people

Send your completed form by post or email to HM Courts and Tribunals Service (HMCTS).

Get help applying

Contact HMCTS if you need help applying or have questions about refunds.

Find out about call charges.

What happens next

If you’re entitled to a refund it’ll be transferred to your bank account (plus 0.5% interest). You’ll get a letter confirming the amount.

Legislation

The Employment Tribunal follows rules and processes that you also have to follow.

You can also read other relevant tribunal rules and regulations.

The tribunal has issued guidance and practice directions for England and Wales and Scotland which provide more information about specific areas, such as postponing hearings and serving documents.

You can also read guidance about specific cases.

Make a claim to an employment tribunal

When you can claim

Unlawful treatment can include:

unfair dismissal

discrimination

unfair deductions from your pay

This guide and the online service are also available in Welsh (Cymraeg).

You usually have to make a claim to the tribunal within 3 months of your employment ending or the problem happening.

Before you make a claim

Once you receive your certificate, you’ll have at least one month left to make your claim.

Help you can get

Call Acas if you have any questions about early conciliation. They cannot answer questions about your claim.

Legal help

You may want to get legal help or advice if you’re in England and Wales or Scotland before you make your claim.

Your trade union may be able to pay for a solicitor.

You can also get free legal advice from Citizens Advice or Citizens Advice Scotland.

Make a claim

You can make a claim to the employment tribunal online.

You should read the guidance for whistleblowing if it relates to your claim.

This online service is also available in Welsh (Cymraeg).

There’s a different way to claim if you live in Northern Ireland.

Claim online

Make a claim by post

You can also download and fill in a claim form.

You do not have to pay a fee to make a claim to the Employment Tribunal, even if it says so on the form.

Send your completed form to one of the following addresses, depending on where you were working.

Talk-through service

Use the employment tribunal talk-through service only if you’re unable to use a computer without help.

Before calling make sure you have:

your Acas early conciliation certificate number or a valid reason why you do not have one

details of your claim including the background, dates and people involved

This service will not give you advice on the details of your claim. Contact the number for general enquiries instead.

After you make a claim

Once they’ve replied, the tribunal will decide whether there will be a full hearing to decide on your case.

If they do not reply, the tribunal may decide on your case without you having to go to a hearing.

Hearings and coronavirus (COVID-19)

Because of coronavirus, your hearing may take place by phone, by video or in person.

If you’re a legal professional, read guidance on how cases are affected by COVID-19.

‘Preliminary hearing’

You may be asked to go to an initial hearing (called a preliminary hearing) with the judge to decide on things like:

whether part or all of your claim can go ahead

the date and time of a hearing

how long the hearing should take

Arrange documents

You can ask the respondent for documents that will help you with your case, and they can request documents from you.

Examples of documents include:

a contract of employment

pay slips

details of your pension scheme

notes from relevant meetings you attended at work

Usually the tribunal will issue an order setting out a timetable for when you should exchange documents.

You’ll be sent a letter telling you how many copies of each document to bring to the hearing.

Organise witnesses

You can bring witnesses to the hearing if they can give evidence directly relevant to your case.

the name and address of the witness

details of what the witness may be able to say and how it will help your case

the reason the witness has refused to attend (if they gave you one)

You’ll most likely be responsible for paying the witness’s expenses.

Going to a tribunal hearing

Cases are normally held at the employment tribunal office closest to where you worked.

You cannot claim for expenses for going to the hearing.

What happens at the hearing

You will usually be asked questions by:

the judge

the respondent

two other tribunal members (only in certain cases)

Get a decision

If you win your case

paying you compensation

paying you any witness expenses you’ve paid

improving your working conditions

giving you your job back, if appropriate

If you get compensation, the amount can depend on:

the type of case - there are limits on certain cases

how much money you’ve lost because of the respondent’s actions

your age, length of service and salary

If the respondent does not pay

If you do not get your payment, contact them to find out why.

You cannot do these things if the respondent has appealed, or is about to. They have 42 days to appeal.

Get the respondent fined and named online by the government

The respondent will initially get a warning notice telling them they may be fined, and named online by the government.

You can still get a court to force them to pay.

Forcing them to pay if you’re in England or Wales

It costs £66, which you get back from the respondent when they pay.

Forcing them to pay if you’re in Scotland

If you lose your case

You can ask the tribunal to reconsider the decision (or ‘judgment’) if you lose your case.

You also need to give good reasons, for example:

the tribunal made a mistake in the way it reached its decision

you were not told about the hearing, or were not at the hearing

there’s new evidence

Send your letter to the tribunal office that dealt with your case.

Appeal to the Employment Appeal Tribunal

You can also appeal to the Employment Appeal Tribunal if you think the employment tribunal made a legal mistake.

Get a refund for tribunal fees

How to apply

You can apply online if:

you have not changed your name since you made the claim to the tribunal

your claim was against one employer

you have a UK bank account

Otherwise, you can apply by post or email.

You’ll need to include how much you paid in tribunal fees.

Apply online

Use the service to apply for a refund online.

Apply by email or post

The form you use depends on why you paid the fees.

Use form 1/2-CR if:

you made the claim on your own and paid the fees

you were the ‘lead claimant’ in a joint (‘multiple’) claim for less than 11 people

Use form 3-S if:

you paid the fees for someone else to make the claim

you were the ‘lead claimant’ in a joint (‘multiple’) claim for over 10 people

Send your completed form by post or email to HM Courts and Tribunals Service (HMCTS).

Get help applying

Contact HMCTS if you need help applying or have questions about refunds.

Find out about call charges.

What happens next

Legislation

The Employment Tribunal follows rules and processes that you also have to follow.

You can also read other relevant tribunal rules and regulations.

You can also read guidance about specific cases.


My neighbour and I share a wall between our property. It is damaged and needs repairs. I am planning to tell my neighour on  possible plans to repair and give it a new look. Do i need to give him a written notice before building it?

You must tell your neighbour if you want to:

Party walls and building work

Overview

You must tell your neighbours if you want to carry out any building work near or on your shared property boundary, or ‘party wall’, in England and Wales.

Party walls stand on the land of 2 or more owners and either:

form part of a building

don’t form part of a building, such as a garden wall (not wooden fences)

Walls on one owner’s land used by other owners (2 or more) to separate their buildings are also party walls.

Party structures

You can also have a ‘party structure’. This could be a floor or other structure that separates buildings or parts of buildings with different owners, eg flats.

Party wall agreements are different from planning permission or building regulations approval.

There are different rules in Scotland and Northern Ireland.

Work you must tell your neighbour about

build on or at the boundary of your 2 properties

work on an existing party wall or party structure

dig below and near to the foundation level of their property

Examples of this type of work include:

building a new wall

cutting into a party wall

making a party wall taller, shorter or deeper

removing chimneys from a party wall

knocking down and rebuilding a party wall

Find more details of work you need to tell your neighbour about in the party wall explanatory booklet.

Your neighbours can’t stop you from making changes to your property that are within the law, but they can affect how and when your works are carried out.

What you don’t need to tell them about

You don’t need to tell your neighbour about minor changes, eg plastering, adding or replacing electrical wiring or sockets, or drilling to put up shelves or cabinets.

When and how to tell them

You must give notice to your neighbour between 2 months and a year before you plan to start building works. Include what you plan on doing.

You can speak to your neighbour to explain the work you want to carry out, before giving notice in writing.

Find letter templates and more information on giving notice in the party wall explanatory booklet.

Any agreement you reach should be in writing.

Reaching an agreement with your neighbours

Once you’ve given notice your neighbour can:

give consent in writing

refuse consent, which will start the dispute resolution process

serve a counter notice requesting additional works be done at the same time (they’ll have to pay for these if they benefit from the works)

Your neighbour must let you know in writing within 14 days if they consent to your notice, and you must do the same with any counter notice. A counter notice must be served within a month of the first notice.

Find examples of counter notice letters in the party wall booklet.

Your neighbours need to respond to the notice. You can’t assume that no response means they agree to the works.

The dispute resolution process will also start if they don’t respond to your notice within the given time.

Who pays for the work

You need to pay for any building works that you start on a party wall.

Your neighbour may have to meet a share of the cost if the work needs to be done because of defects or lack of repair. They will also need to pay if they ask for additional works to be done that will benefit them.

An appointed surveyor will set out who pays what if you can’t agree.

If you can't agree

You must appoint a surveyor if you and your neighbour can’t agree. You can appoint a surveyor together or each appoint your own. The surveyors will then agree on a ‘party wall award’.

This is a legal document which says:

what work should happen

how and when it will be carried out

who will pay for which part and how much will be paid (including surveyor’s fees)

You can’t act as your own surveyor.

If your neighbour doesn’t appoint a surveyor

You can appoint a surveyor on behalf of your neighbour if they refuse or fail to do so themselves.

If you don’t agree with the award

You can appeal against an award at a county court within 14 days of receiving it. You need to file an appellant’s notice in a county court, explaining why you’re appealing.

When works begin

When carrying out building works you must:

avoid causing unnecessary inconvenience

protect your neighbour’s property from damage caused by the works, and fix or pay for any damage that is caused

Access to your neighbour’s property

Your neighbour must allow surveyors and workmen access to their property during usual working hours to carry out the building works. They must be given 14 days’ notice except in an emergency.

work on an existing party wall or party structure

Party walls and building work

Overview

Party walls stand on the land of 2 or more owners and either:

form part of a building

don’t form part of a building, such as a garden wall (not wooden fences)

Walls on one owner’s land used by other owners (2 or more) to separate their buildings are also party walls.

Party structures

Party wall agreements are different from planning permission or building regulations approval.

There are different rules in Scotland and Northern Ireland.

Work you must tell your neighbour about

You must tell your neighbour if you want to:

build on or at the boundary of your 2 properties

dig below and near to the foundation level of their property

Examples of this type of work include:

building a new wall

cutting into a party wall

making a party wall taller, shorter or deeper

removing chimneys from a party wall

knocking down and rebuilding a party wall

Find more details of work you need to tell your neighbour about in the party wall explanatory booklet.

What you don’t need to tell them about

When and how to tell them

You must give notice to your neighbour between 2 months and a year before you plan to start building works. Include what you plan on doing.

You can speak to your neighbour to explain the work you want to carry out, before giving notice in writing.

Find letter templates and more information on giving notice in the party wall explanatory booklet.

Any agreement you reach should be in writing.

Reaching an agreement with your neighbours

Once you’ve given notice your neighbour can:

give consent in writing

refuse consent, which will start the dispute resolution process

serve a counter notice requesting additional works be done at the same time (they’ll have to pay for these if they benefit from the works)

Find examples of counter notice letters in the party wall booklet.

Your neighbours need to respond to the notice. You can’t assume that no response means they agree to the works.

The dispute resolution process will also start if they don’t respond to your notice within the given time.

Who pays for the work

You need to pay for any building works that you start on a party wall.

An appointed surveyor will set out who pays what if you can’t agree.

If you can't agree

This is a legal document which says:

what work should happen

how and when it will be carried out

who will pay for which part and how much will be paid (including surveyor’s fees)

You can’t act as your own surveyor.

If your neighbour doesn’t appoint a surveyor

You can appoint a surveyor on behalf of your neighbour if they refuse or fail to do so themselves.

If you don’t agree with the award

When works begin

When carrying out building works you must:

avoid causing unnecessary inconvenience

protect your neighbour’s property from damage caused by the works, and fix or pay for any damage that is caused

Access to your neighbour’s property

Examples of this type of work include:

Party walls and building work

Overview

Party walls stand on the land of 2 or more owners and either:

form part of a building

don’t form part of a building, such as a garden wall (not wooden fences)

Walls on one owner’s land used by other owners (2 or more) to separate their buildings are also party walls.

Party structures

Party wall agreements are different from planning permission or building regulations approval.

There are different rules in Scotland and Northern Ireland.

Work you must tell your neighbour about

You must tell your neighbour if you want to:

build on or at the boundary of your 2 properties

work on an existing party wall or party structure

dig below and near to the foundation level of their property

Examples of this type of work include:

building a new wall

cutting into a party wall

making a party wall taller, shorter or deeper

removing chimneys from a party wall

knocking down and rebuilding a party wall

Find more details of work you need to tell your neighbour about in the party wall explanatory booklet.

What you don’t need to tell them about

When and how to tell them

You must give notice to your neighbour between 2 months and a year before you plan to start building works. Include what you plan on doing.

You can speak to your neighbour to explain the work you want to carry out, before giving notice in writing.

Find letter templates and more information on giving notice in the party wall explanatory booklet.

Any agreement you reach should be in writing.

Reaching an agreement with your neighbours

Once you’ve given notice your neighbour can:

give consent in writing

refuse consent, which will start the dispute resolution process

serve a counter notice requesting additional works be done at the same time (they’ll have to pay for these if they benefit from the works)

Find examples of counter notice letters in the party wall booklet.

Your neighbours need to respond to the notice. You can’t assume that no response means they agree to the works.

The dispute resolution process will also start if they don’t respond to your notice within the given time.

Who pays for the work

You need to pay for any building works that you start on a party wall.

An appointed surveyor will set out who pays what if you can’t agree.

If you can't agree

This is a legal document which says:

what work should happen

how and when it will be carried out

who will pay for which part and how much will be paid (including surveyor’s fees)

You can’t act as your own surveyor.

If your neighbour doesn’t appoint a surveyor

You can appoint a surveyor on behalf of your neighbour if they refuse or fail to do so themselves.

If you don’t agree with the award

When works begin

When carrying out building works you must:

avoid causing unnecessary inconvenience

protect your neighbour’s property from damage caused by the works, and fix or pay for any damage that is caused

Access to your neighbour’s property

knocking down and rebuilding a party wall

Party walls and building work

Overview

Party walls stand on the land of 2 or more owners and either:

form part of a building

don’t form part of a building, such as a garden wall (not wooden fences)

Walls on one owner’s land used by other owners (2 or more) to separate their buildings are also party walls.

Party structures

Party wall agreements are different from planning permission or building regulations approval.

There are different rules in Scotland and Northern Ireland.

Work you must tell your neighbour about

You must tell your neighbour if you want to:

build on or at the boundary of your 2 properties

work on an existing party wall or party structure

dig below and near to the foundation level of their property

Examples of this type of work include:

building a new wall

cutting into a party wall

making a party wall taller, shorter or deeper

removing chimneys from a party wall

Find more details of work you need to tell your neighbour about in the party wall explanatory booklet.

What you don’t need to tell them about

When and how to tell them

You must give notice to your neighbour between 2 months and a year before you plan to start building works. Include what you plan on doing.

You can speak to your neighbour to explain the work you want to carry out, before giving notice in writing.

Find letter templates and more information on giving notice in the party wall explanatory booklet.

Any agreement you reach should be in writing.

Reaching an agreement with your neighbours

Once you’ve given notice your neighbour can:

give consent in writing

refuse consent, which will start the dispute resolution process

serve a counter notice requesting additional works be done at the same time (they’ll have to pay for these if they benefit from the works)

Find examples of counter notice letters in the party wall booklet.

Your neighbours need to respond to the notice. You can’t assume that no response means they agree to the works.

The dispute resolution process will also start if they don’t respond to your notice within the given time.

Who pays for the work

You need to pay for any building works that you start on a party wall.

An appointed surveyor will set out who pays what if you can’t agree.

If you can't agree

This is a legal document which says:

what work should happen

how and when it will be carried out

who will pay for which part and how much will be paid (including surveyor’s fees)

You can’t act as your own surveyor.

If your neighbour doesn’t appoint a surveyor

You can appoint a surveyor on behalf of your neighbour if they refuse or fail to do so themselves.

If you don’t agree with the award

When works begin

When carrying out building works you must:

avoid causing unnecessary inconvenience

protect your neighbour’s property from damage caused by the works, and fix or pay for any damage that is caused

Access to your neighbour’s property

You must give notice to your neighbour between 2 months and a year before you plan to start building works. Include what you plan on doing.

Party walls and building work

Overview

Party walls stand on the land of 2 or more owners and either:

form part of a building

don’t form part of a building, such as a garden wall (not wooden fences)

Walls on one owner’s land used by other owners (2 or more) to separate their buildings are also party walls.

Party structures

Party wall agreements are different from planning permission or building regulations approval.

There are different rules in Scotland and Northern Ireland.

Work you must tell your neighbour about

You must tell your neighbour if you want to:

build on or at the boundary of your 2 properties

work on an existing party wall or party structure

dig below and near to the foundation level of their property

Examples of this type of work include:

building a new wall

cutting into a party wall

making a party wall taller, shorter or deeper

removing chimneys from a party wall

knocking down and rebuilding a party wall

Find more details of work you need to tell your neighbour about in the party wall explanatory booklet.

What you don’t need to tell them about

When and how to tell them

You must give notice to your neighbour between 2 months and a year before you plan to start building works. Include what you plan on doing.

You can speak to your neighbour to explain the work you want to carry out, before giving notice in writing.

Find letter templates and more information on giving notice in the party wall explanatory booklet.

Any agreement you reach should be in writing.

Reaching an agreement with your neighbours

Once you’ve given notice your neighbour can:

give consent in writing

refuse consent, which will start the dispute resolution process

serve a counter notice requesting additional works be done at the same time (they’ll have to pay for these if they benefit from the works)

Find examples of counter notice letters in the party wall booklet.

Your neighbours need to respond to the notice. You can’t assume that no response means they agree to the works.

The dispute resolution process will also start if they don’t respond to your notice within the given time.

Who pays for the work

You need to pay for any building works that you start on a party wall.

An appointed surveyor will set out who pays what if you can’t agree.

If you can't agree

This is a legal document which says:

what work should happen

how and when it will be carried out

who will pay for which part and how much will be paid (including surveyor’s fees)

You can’t act as your own surveyor.

If your neighbour doesn’t appoint a surveyor

You can appoint a surveyor on behalf of your neighbour if they refuse or fail to do so themselves.

If you don’t agree with the award

When works begin

When carrying out building works you must:

avoid causing unnecessary inconvenience

protect your neighbour’s property from damage caused by the works, and fix or pay for any damage that is caused

Access to your neighbour’s property

You can speak to your neighbour to explain the work you want to carry out, before giving notice in writing.

Party walls and building work

Overview

Party walls stand on the land of 2 or more owners and either:

form part of a building

don’t form part of a building, such as a garden wall (not wooden fences)

Walls on one owner’s land used by other owners (2 or more) to separate their buildings are also party walls.

Party structures

Party wall agreements are different from planning permission or building regulations approval.

There are different rules in Scotland and Northern Ireland.

Work you must tell your neighbour about

You must tell your neighbour if you want to:

build on or at the boundary of your 2 properties

work on an existing party wall or party structure

dig below and near to the foundation level of their property

Examples of this type of work include:

building a new wall

cutting into a party wall

making a party wall taller, shorter or deeper

removing chimneys from a party wall

knocking down and rebuilding a party wall

Find more details of work you need to tell your neighbour about in the party wall explanatory booklet.

What you don’t need to tell them about

When and how to tell them

You must give notice to your neighbour between 2 months and a year before you plan to start building works. Include what you plan on doing.

You can speak to your neighbour to explain the work you want to carry out, before giving notice in writing.

Find letter templates and more information on giving notice in the party wall explanatory booklet.

Any agreement you reach should be in writing.

Reaching an agreement with your neighbours

Once you’ve given notice your neighbour can:

give consent in writing

refuse consent, which will start the dispute resolution process

serve a counter notice requesting additional works be done at the same time (they’ll have to pay for these if they benefit from the works)

Find examples of counter notice letters in the party wall booklet.

Your neighbours need to respond to the notice. You can’t assume that no response means they agree to the works.

The dispute resolution process will also start if they don’t respond to your notice within the given time.

Who pays for the work

You need to pay for any building works that you start on a party wall.

An appointed surveyor will set out who pays what if you can’t agree.

If you can't agree

This is a legal document which says:

what work should happen

how and when it will be carried out

who will pay for which part and how much will be paid (including surveyor’s fees)

You can’t act as your own surveyor.

If your neighbour doesn’t appoint a surveyor

You can appoint a surveyor on behalf of your neighbour if they refuse or fail to do so themselves.

If you don’t agree with the award

When works begin

When carrying out building works you must:

avoid causing unnecessary inconvenience

protect your neighbour’s property from damage caused by the works, and fix or pay for any damage that is caused

Access to your neighbour’s property

Any agreement you reach should be in writing.

Party walls and building work

Overview

Party walls stand on the land of 2 or more owners and either:

form part of a building

don’t form part of a building, such as a garden wall (not wooden fences)

Walls on one owner’s land used by other owners (2 or more) to separate their buildings are also party walls.

Party structures

Party wall agreements are different from planning permission or building regulations approval.

There are different rules in Scotland and Northern Ireland.

Work you must tell your neighbour about

You must tell your neighbour if you want to:

build on or at the boundary of your 2 properties

work on an existing party wall or party structure

dig below and near to the foundation level of their property

Examples of this type of work include:

building a new wall

cutting into a party wall

making a party wall taller, shorter or deeper

removing chimneys from a party wall

knocking down and rebuilding a party wall

Find more details of work you need to tell your neighbour about in the party wall explanatory booklet.

What you don’t need to tell them about

When and how to tell them

You must give notice to your neighbour between 2 months and a year before you plan to start building works. Include what you plan on doing.

You can speak to your neighbour to explain the work you want to carry out, before giving notice in writing.

Find letter templates and more information on giving notice in the party wall explanatory booklet.

Any agreement you reach should be in writing.

Reaching an agreement with your neighbours

Once you’ve given notice your neighbour can:

give consent in writing

refuse consent, which will start the dispute resolution process

serve a counter notice requesting additional works be done at the same time (they’ll have to pay for these if they benefit from the works)

Find examples of counter notice letters in the party wall booklet.

Your neighbours need to respond to the notice. You can’t assume that no response means they agree to the works.

The dispute resolution process will also start if they don’t respond to your notice within the given time.

Who pays for the work

You need to pay for any building works that you start on a party wall.

An appointed surveyor will set out who pays what if you can’t agree.

If you can't agree

This is a legal document which says:

what work should happen

how and when it will be carried out

who will pay for which part and how much will be paid (including surveyor’s fees)

You can’t act as your own surveyor.

If your neighbour doesn’t appoint a surveyor

You can appoint a surveyor on behalf of your neighbour if they refuse or fail to do so themselves.

If you don’t agree with the award

When works begin

When carrying out building works you must:

avoid causing unnecessary inconvenience

protect your neighbour’s property from damage caused by the works, and fix or pay for any damage that is caused

Access to your neighbour’s property


Whilst carrying out disciplinary procedures, we have followed our own code. We have not followed the ACAS code of practice, but have been told we should be. Is it a legal requirement to follow the ACAS code of practice?

The rules should follow the Acas code of practice on disciplinary and grievance procedures.

Taking disciplinary action against an employee

Overview

You should have written disciplinary rules and procedures to deal with employee performance and conduct and you must tell your staff about them.

Your rules must say what is acceptable and unacceptable behaviour in the workplace and what action you will take if the rules are broken.

Not following the code is not illegal. However, if someone wins an employment tribunal against you and you did not follow the code, then their award could be up to 25% more.

Acas guide to discipline and grievances

The Acas guide to discipline and grievances at work gives more information for employers about taking disciplinary action.

Acas Helpline

The Acas Helpline has further advice on disciplinary issues.

Practical training courses

Acas also runs practical training courses on workplace discipline.

Writing disciplinary proceedings

Your disciplinary procedures should follow the Acas code of practice.

The exact rules will depend on your organisation, but could cover things like:

acceptable and unacceptable behaviour

absence and timekeeping

health and safety

use of phones and the internet

You cannot normally discipline or dismiss an employee for whistleblowing.

Gross misconduct

Your disciplinary rules should give examples of what will be treated as gross misconduct. This is misconduct judged so serious that it’s likely to lead to dismissal without notice, for example fraud, theft and physical violence.

Telling employees about disciplinary rules

Your disciplinary rules must be in your statement of employment or clearly written elsewhere, such as in a staff handbook.

The rules should clearly say when someone might face disciplinary action and what that action could be.

You must also give the name of someone they should appeal to if they’re unhappy about a disciplinary decision.

If you do not provide this information and an employee then wins an employment tribunal claim against you, they could be awarded 2 to 4 weeks’ pay.

Disciplinary procedures and contracts

If you make your disciplinary procedures part of an employment contract then the employee could make a breach of contract claim against you if you do not follow your procedures.

Example letters and forms

Acas has a number of sample letters and forms for disciplinary proceedings on its website.

Disciplinary investigations and hearings

The law does not say exactly how you should investigate disciplinary issues or hold disciplinary meetings.

However, the Acas guide to discipline and grievances at work has lots of practical advice about running disciplinary proceedings professionally and fairly.

The suggested disciplinary process

The Acas guidance suggests that your disciplinary process should follow the following format:

A letter telling your employee the issue and inviting them to a disciplinary hearing.

A meeting with your employee to discuss the issue - they should have the right to be accompanied.

A letter to your employee saying what action you are going to take. This should be sent as soon as practically possible.

Your employee should than have a chance to appeal your decision.

Disciplinary decisions

Disciplinary decisions could be anything that could resolve the problem.

This could include:

no action

written warning

final warning

demotion

dismissal

mediation with a co-worker

Appeals

An employee has the right to appeal against a decision made after a disciplinary hearing.

You should tell them about this when you give them written notice of your decision, and should give them a deadline to tell you they want to appeal.

Your employee’s statement of terms and conditions of employment must legally include the person they can apply to if they want to appeal a disciplinary decision. It must also explain how to do this.

If the employee does decide to appeal, you should try to hold the appeal hearing as soon as possible.

You should follow the Acas code of practice on disciplinary and grievance procedures when dealing with appeals. Otherwise, if someone wins an employment tribunal against you their award could be higher.

Overview

The rules should follow the Acas code of practice on disciplinary and grievance procedures.

Acas guide to discipline and grievances

Acas Helpline

The Acas Helpline has further advice on disciplinary issues.

Practical training courses

Acas also runs practical training courses on workplace discipline.

Writing disciplinary proceedings

Your disciplinary procedures should follow the Acas code of practice.

The exact rules will depend on your organisation, but could cover things like:

acceptable and unacceptable behaviour

absence and timekeeping

health and safety

use of phones and the internet

You cannot normally discipline or dismiss an employee for whistleblowing.

Gross misconduct

Telling employees about disciplinary rules

The rules should clearly say when someone might face disciplinary action and what that action could be.

You must also give the name of someone they should appeal to if they’re unhappy about a disciplinary decision.

Disciplinary procedures and contracts

Example letters and forms

Acas has a number of sample letters and forms for disciplinary proceedings on its website.

Disciplinary investigations and hearings

The law does not say exactly how you should investigate disciplinary issues or hold disciplinary meetings.

The suggested disciplinary process

The Acas guidance suggests that your disciplinary process should follow the following format:

A letter telling your employee the issue and inviting them to a disciplinary hearing.

A meeting with your employee to discuss the issue - they should have the right to be accompanied.

Your employee should than have a chance to appeal your decision.

Disciplinary decisions

Disciplinary decisions could be anything that could resolve the problem.

This could include:

no action

written warning

final warning

demotion

dismissal

mediation with a co-worker

Appeals

An employee has the right to appeal against a decision made after a disciplinary hearing.

If the employee does decide to appeal, you should try to hold the appeal hearing as soon as possible.

Your disciplinary procedures should follow the Acas code of practice.

Overview

The rules should follow the Acas code of practice on disciplinary and grievance procedures.

Acas guide to discipline and grievances

Acas Helpline

The Acas Helpline has further advice on disciplinary issues.

Practical training courses

Acas also runs practical training courses on workplace discipline.

Writing disciplinary proceedings

The exact rules will depend on your organisation, but could cover things like:

acceptable and unacceptable behaviour

absence and timekeeping

health and safety

use of phones and the internet

You cannot normally discipline or dismiss an employee for whistleblowing.

Gross misconduct

Telling employees about disciplinary rules

The rules should clearly say when someone might face disciplinary action and what that action could be.

You must also give the name of someone they should appeal to if they’re unhappy about a disciplinary decision.

Disciplinary procedures and contracts

Example letters and forms

Acas has a number of sample letters and forms for disciplinary proceedings on its website.

Disciplinary investigations and hearings

The law does not say exactly how you should investigate disciplinary issues or hold disciplinary meetings.

The suggested disciplinary process

The Acas guidance suggests that your disciplinary process should follow the following format:

A letter telling your employee the issue and inviting them to a disciplinary hearing.

A meeting with your employee to discuss the issue - they should have the right to be accompanied.

Your employee should than have a chance to appeal your decision.

Disciplinary decisions

Disciplinary decisions could be anything that could resolve the problem.

This could include:

no action

written warning

final warning

demotion

dismissal

mediation with a co-worker

Appeals

An employee has the right to appeal against a decision made after a disciplinary hearing.

If the employee does decide to appeal, you should try to hold the appeal hearing as soon as possible.

Overview

The rules should follow the Acas code of practice on disciplinary and grievance procedures.

Acas guide to discipline and grievances

Acas Helpline

The Acas Helpline has further advice on disciplinary issues.

Practical training courses

Acas also runs practical training courses on workplace discipline.

Writing disciplinary proceedings

Your disciplinary procedures should follow the Acas code of practice.

The exact rules will depend on your organisation, but could cover things like:

acceptable and unacceptable behaviour

absence and timekeeping

health and safety

use of phones and the internet

You cannot normally discipline or dismiss an employee for whistleblowing.

Gross misconduct

Telling employees about disciplinary rules

The rules should clearly say when someone might face disciplinary action and what that action could be.

You must also give the name of someone they should appeal to if they’re unhappy about a disciplinary decision.

Disciplinary procedures and contracts

Example letters and forms

Acas has a number of sample letters and forms for disciplinary proceedings on its website.

Disciplinary investigations and hearings

The law does not say exactly how you should investigate disciplinary issues or hold disciplinary meetings.

The suggested disciplinary process

The Acas guidance suggests that your disciplinary process should follow the following format:

A letter telling your employee the issue and inviting them to a disciplinary hearing.

A meeting with your employee to discuss the issue - they should have the right to be accompanied.

Your employee should than have a chance to appeal your decision.

Disciplinary decisions

Disciplinary decisions could be anything that could resolve the problem.

This could include:

no action

written warning

final warning

demotion

dismissal

mediation with a co-worker

Appeals

An employee has the right to appeal against a decision made after a disciplinary hearing.

If the employee does decide to appeal, you should try to hold the appeal hearing as soon as possible.

Overview

The rules should follow the Acas code of practice on disciplinary and grievance procedures.

Acas guide to discipline and grievances

Acas Helpline

The Acas Helpline has further advice on disciplinary issues.

Practical training courses

Acas also runs practical training courses on workplace discipline.

Writing disciplinary proceedings

Your disciplinary procedures should follow the Acas code of practice.

The exact rules will depend on your organisation, but could cover things like:

acceptable and unacceptable behaviour

absence and timekeeping

health and safety

use of phones and the internet

You cannot normally discipline or dismiss an employee for whistleblowing.

Gross misconduct

Telling employees about disciplinary rules

The rules should clearly say when someone might face disciplinary action and what that action could be.

You must also give the name of someone they should appeal to if they’re unhappy about a disciplinary decision.

Disciplinary procedures and contracts

Example letters and forms

Acas has a number of sample letters and forms for disciplinary proceedings on its website.

Disciplinary investigations and hearings

The law does not say exactly how you should investigate disciplinary issues or hold disciplinary meetings.

The suggested disciplinary process

The Acas guidance suggests that your disciplinary process should follow the following format:

A letter telling your employee the issue and inviting them to a disciplinary hearing.

A meeting with your employee to discuss the issue - they should have the right to be accompanied.

A letter to your employee saying what action you are going to take. This should be sent as soon as practically possible.

Your employee should than have a chance to appeal your decision.

Disciplinary decisions

Disciplinary decisions could be anything that could resolve the problem.

This could include:

no action

written warning

final warning

demotion

dismissal

mediation with a co-worker

Appeals

An employee has the right to appeal against a decision made after a disciplinary hearing.

If the employee does decide to appeal, you should try to hold the appeal hearing as soon as possible.