New legislation due to come into force sometime after October 2013 will allow Tribunals to Order the Employer to pay between £100 to £5000 to the secretary of state where an aggravating factor is involved in the breach. The fine will be halved if paid within 21 days.
What amounts to aggravating factors remains unclear and the reason for the penalty going to the exchequer rather than the Claimant is not clear. It will be interesting to see how the Tribunal will exercise these new powers. Many Tribunal remain unenforced and the extent to which the Exchequer will seek to enforce unpaid penalty notices will also be a point of interest.
There are a number of Employment Law changes on the horizon and we will be hosting free seminars to cover these topics, the first of which will be on the 18 June 2013. Please get in touch if you would be interested in coming along.
Andrew is a Commercial & Employment Law solicitor in Leicester. Our Solicitors in Leicester are experts in their fields and dedicated to quality client care. If you would like to find out more about our solicitors in Leicester please contact us.
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