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Contents

Legislation
Employment Rights Act 2025

Crossheading Notices of underpayment

  • Section 103 Power to give notice of underpayment
  • Section 104 Calculation of the required sum
  • Section 105 Period to which notice of underpayment may relate
  • Section 106 Notices of underpayment: further provision
  • Section 107 Penalties for underpayment
  • Section 108 Further provision about penalties
  • Section 109 Suspension of penalty where criminal proceedings have been brought, etc
  • Section 110 Appeals against notices of underpayment
  • Section 111 Withdrawal of notice of underpayment
  • Section 112 Replacement notice of underpayment
  • Section 113 Effect of replacement notice of underpayment
  • Section 114 Enforcement of requirement to pay sums due to individuals
  • Section 115 Enforcement of requirement to pay penalty
  1. Notices of underpayment
  2. Notices of underpayment: further provision

Section 106 | Notices of underpayment: further provision

From legislation.gov.uk

(1)Where a notice of underpayment relates to more than one underpaid individual, the notice may identify the individuals by name or by description.

(2)A notice of underpayment must specify, for each underpaid individual to whom it relates—

(a)the relevant day in relation to the individual;

(b)the sum due to the individual on that day and how that sum was calculated;

(c)the period or periods, or event or events, in respect of which it was due;

(d)the statutory pay provision under or by virtue of which it was due;

(e)the fact that any period for payment of that sum to be made ended without the sum having been paid;

(f)the required sum in respect of the individual and (if different from the sum mentioned in paragraph (b)) how that sum was calculated.

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