Section 37F | Penalty notice ^F1

(1)This section applies where the Secretary of State —^F2

(a)has given a warning notice to an employer, and

(b)is satisfied that the employer has failed to pay the specified amount in full before the specified date.

(2)The Secretary of State may give the employer a notice (a “penalty notice”) requiring the employer to pay a financial penalty to the Secretary of State.^F3

(3)A penalty notice must identify the relevant sum and state—

(a)the grounds on which the penalty notice is given;

(b)the unpaid amount of the relevant sum on the specified date and how it has been calculated;

(c)the amount of the financial penalty (see subsections (4) to (6));

(d)how the penalty must be paid;

(e)the period within which the penalty must be paid;

(f)how the employer may pay a reduced penalty instead of the financial penalty;

(g)the amount of the reduced penalty (see subsection (8));

(h)how the employer may appeal against the penalty notice;

(i)the consequences of non-payment.

(4)Subject to subsections (5) and (6), the amount of the financial penalty is 50% of the unpaid amount of the relevant sum on the specified date.

(5)If the unpaid amount on the specified date is less than £200, the amount of the penalty is £100.

(6)If the unpaid amount on the specified date is more than £10,000, the amount of the financial penalty is £5,000.

(7)The period specified under subsection (3)(e) must be a period of not less than 28 days beginning with the day on which the penalty notice is given.

(8)The amount of the reduced penalty is 50% of the amount of the financial penalty.

(9)Subsection (10) applies if, within the period of 14 days beginning with the day on which the penalty notice is given, the employer—

(a)pays the unpaid amount of the relevant sum on the specified date (as stated in the notice under subsection (3)(b)), and

(b)pays the reduced penalty to the Secretary of State.

(10)The employer is to be treated—

(a)for the purposes of this Part, as having paid the relevant sum in full, and

(b)by paying the reduced penalty, as having paid the whole of the financial penalty.

(11)Subsection (10)(a) is not to be taken to affect the liability of the employer to pay any increase in the unpaid amount of the relevant sum between the specified date and the date of payment.