Employment Tribunals Act 1996 (c. 17)

[F1 PART 2A E+W+S Financial penalties for failure to pay sums ordered to be paid or settlement sums

Textual Amendments

F1 Pt. 2A inserted (6.4.2016) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 150(2), 164(1) (with s. 150(8)); S.I. 2016/321, reg. 3(d)

37A Sums to which financial penalty can relate E+W+S

(1) This section has effect for the purposes of this Part.

(2) “Financial award”—

(a) means a sum of money (or, if more than one, the sums of money) ordered by an employment tribunal on a claim involving an employer and a worker, or on a relevant appeal, to be paid by the employer to the worker, and

(b) includes—

(i) any sum (a “costs sum”) required to be paid in accordance with an order in respect of costs or expenses which relate to proceedings on, or preparation time relating to, the claim or a relevant appeal, and

(ii) in a case to which section 16 applies, a sum ordered to be paid to the Secretary of State under that section.

(3) Subsection (2)(b)(i) applies irrespective of when the order was made or the amount of the costs sum was determined.

(4) “Settlement sum” means a sum payable by an employer to a worker under the terms of a settlement in respect of which a certificate has been issued under section 19A(1).

(5) “Relevant sum” means—

(a) a financial award, or

(b) a settlement sum.

(6) “Relevant appeal”, in relation to a financial award, means an appeal against—

(a) the decision on the claim to which it relates,

(b) a decision to make, or not to make, an order in respect of a financial award (including any costs sum) on the claim,

(c) the amount of any such award, or

(d) any decision made on an appeal within paragraphs (a) to (c) or this paragraph.

(7) Sections 37B to 37D apply for the purposes of calculating the unpaid amount on any day of a relevant sum.]