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Legislation
Employment Tribunals Act 1996

PART 2A Financial penalties for failure to pay sums ordered to be paid or settlement sums

  • Section 37A Sums to which financial penalty can relate
  • Section 37B Financial award: unpaid amount
  • Section 37C Settlement sum: unpaid amount
  • Section 37D Unpaid amount of relevant sum: further provision
  • Section 37E Warning notice
  • Section 37F Penalty notice
  • Section 37G Appeal against penalty notice
  • Section 37H Interest and recovery
  • Section 37I Withdrawal of warning notice
  • Section 37J Withdrawal of penalty notice
  • Section 37K Replacement penalty notice
  • Section 37L Effect of replacement penalty notice
  • Section 37M Enforcement officers
  • Section 37N Power to amend Part 2A
  • Section 37O Modification in particular cases
  • Section 37P Giving of notices
  • Section 37Q Financial penalties for non-payment: interpretation
  1. Part 2A
  2. Financial award: unpaid amount

Section 37B | Financial award: unpaid amount F1

From legislation.gov.uk

(1)In the case of a financial award, the unpaid amount on any day means the amount outstanding immediately before that day in respect of—F1

(a)the initial amount of the financial award (see subsection (2)), andF1

(b)interest payable in respect of the financial award by virtue of section 14.F1

(2)The initial amount of a financial award is—F1

(a)in a case to which section 16 applies, the monetary award within the meaning of that section (see section 17(3)), together with any costs sum, andF1

(b)in any other case, the sum or sums of money ordered to be paid (including any costs sum).F1

(3)An amount in respect of a financial award is not to be regarded as outstanding—F1

(a)when the worker could make an application for an order for a costs sum in relation to—F1

(i)proceedings on the claim to which the financial award relates,F1

(ii)proceedings on a relevant appeal,F1

(b)when the worker has made such an application but the application has not been withdrawn or finally determined,F1

(c)when the employer or worker could appeal against—F1

(i)the decision on the claim to which it relates,F1

(ii)a decision to make, or not to make, a financial award (including any costs sum) on the claim,F1

(iii)the amount of any such award, orF1

(iv)any decision made on an appeal within sub-paragraphs (i) to (iii) or this sub-paragraph,F1

but has not done so, or

(d)when the employer or worker has made such an appeal but the appeal has not been withdrawn or finally determined.F1

Notes

  1. 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)

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