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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. Further provision about penalties

Section 108 | Further provision about penalties

From legislation.gov.uk

(1)The Secretary of State may by directions specify circumstances in which a notice of underpayment is not to impose a requirement to pay a penalty.

(2)A direction under subsection (1) may be amended or revoked by a further direction.

(3)A notice of underpayment that imposes a requirement to pay a penalty must—

(a)specify the amount of the penalty,

(b)state how that amount was calculated, and

(c)specify the date by which the penalty must be paid.

(4)In a case where a notice of underpayment imposes a requirement on a person to pay a penalty, if the person, before the end of the period of 14 days beginning with the day on which the notice is given—

(a)pays (or has paid) the required sum specified in the notice of underpayment, and

(b)pays at least half the penalty,

the person is to be regarded as having paid the penalty.

(5)Any penalty received by the Secretary of State in accordance with section 107 is to be paid into the Consolidated Fund.

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