Reviews, appeals and interest

Except in discrimination cases, interest on tribunal awards runs from 42 days after the decision is made. ((In discrimination cases interest runs from the moment of the discriminatory act.)) Sometimes, however, the award is altered after the decision is made, following a review or appeal.

In that case, for the purposes of calculating interest the date of the decision remains the date that the original date was made.

Note, however, that this only applies where a sum of money was awarded in the first instance.

Andrew wins his deduction from wages claim on 14th May 2007 and is awarded £5,000. He disputes the calculation. At a review hearing on the 6th August he succeeds in obtaining a judgment for £5,500. Interest is calculated from 25th June, 42 days after the original decision on 14th May.

Barbara also has a deduction from wages claim on the 14th May, but she is unsuccessful. She appeals and on 2nd July the EAT awards her £10,000. Interest will not begin to run until 13th August; 42 days after the decision on appeal.

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