Section 37Q | Financial penalties for non-payment: interpretation ^F1

(1)In this Part, the following terms have the following meanings—^F1F2

“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;

“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”—subject, in each case, to section 37D;

(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;

“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).^F1

(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.^F1

(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.^F1

(5)The Secretary of State may by regulations amend this section so as to alter the meaning of “claim”.^F1

(6)Any provision that could be made by regulations under subsection (5) may instead be included in an order under section 12A(12).^F1