Employment Tribunals Act 1996

[F1 37Q Financial penalties for non-payment: interpretation E+W+S

(1) In this Part, the following terms have the following meanings—

• “claim”—

  (a)

  means anything that is referred to in the relevant legislation as a claim, a complaint or a reference, other than a reference made by virtue of section 122(2) or 128(2) of the Equality Act 2010 (reference by court of question about a non-discrimination or equality rule etc), and

  (b)

  also includes an application, under regulations made under section 45 of the Employment Act 2002, for a declaration that a person is a permanent employee;

• “costs sum” has the meaning given by section 37A;

• “employer” has the same meaning as in section 12A;

• “enforcement officer” means a person appointed or authorised to act under section 37M;

• “financial award” has the meaning given by section 37A;

• “penalty notice” has the meaning given by section 37F;

• “relevant appeal” has the meaning given by section 37A;

• “relevant sum” has the meaning given by section 37A;

• “settlement sum” has the meaning given by section 37A;

• “specified amount” and “specified date”, in relation to a warning notice or a penalty notice given in relation to it, have the meanings given by section 37E(2);

• “unpaid amount”—

  (a)

  in relation to a financial award, has the meaning given by section 37B;

  (b)

  in relation to a settlement sum, has the meaning given by section 37C;

  subject, in each case, to section 37D;

• “warning notice” has the meaning given by section 37E(2);

• “worker” has the same meaning as in section 12A.

(2) References in this Part to an employer, in relation to a warning notice or penalty notice, are to the person to whom the notice is given (whether or not the person is an employer at the time in question).

(3) For the purposes of this Part a relevant sum is to be regarded as having been paid in full when the amount unpaid in respect of that sum on the date of payment has been paid.

(4) For the purposes of this Part, a penalty notice is given in relation to a warning notice if it is given as the result of a failure by the employer to pay the specified amount before the specified date.

(5) The Secretary of State may by regulations amend this section so as to alter the meaning of “claim”.

(6) Any provision that could be made by regulations under subsection (5) may instead be included in an order under section 12A(12).]

Textual Amendments

F1 Pt. 2A inserted (6.4.2016) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 150(2), 164(1) (with s. 150(8)); S.I. 2016/321, reg. 3(d)