The Government has released a new form to allow successful claimants who have not received damages awarded from their employer to apply for a penalty to be levied against them.  This also applies with non payment under the terms of a negotiated settlement through ACAS (COT3) 

The statutory position is that employers should normally have a total of at least 42 days to pay before a penalty notice can be issued ie., 14 days from the judgment under Rule 66 plus 28 days from the warning notice under section 37E(4).  However the guidance published by the Department of Business innovation and Skills gives employers a total of at least 70 days to pay before they will be subject to a penalty ie., 42 days under the guidance plus a further 28 days from when the warning notice is given.

The link below will lead to the form and guidance at the Department of Business, Innovation and Skills Website.