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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. Enforcement of requirement to pay penalty

Section 115 | Enforcement of requirement to pay penalty

From legislation.gov.uk

(1)In England and Wales, a penalty is recoverable as if it were payable under an order of the county court.

(2)In Scotland, a penalty may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

(3)In Northern Ireland, a penalty is recoverable as if it were payable under an order of a county court.

(4)Where action is taken under this section for the recovery of a penalty, the penalty—

(a)in relation to England and Wales, is to be treated for the purposes of section 98 of the Courts Act 2003 (register of judgments and orders etc) as if it were a judgment entered in the county court;

(b)in relation to Northern Ireland, is to be treated for the purposes of Article 116 of the Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/226 (N.I. 6)) (register of judgments) as if it were a judgment in respect of which an application has been accepted under Article 22 or 23(1) of that Order.

(5)In this section “penalty” means a penalty payable under a notice of underpayment.

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