Section 37I — Employment Tribunals Act 1996: Withdrawal of warning notice

Withdrawal of warning notice 37I 1 Where—

a a warning notice has been given (and not already withdrawn),

b it appears to the Secretary of State that—

i the notice incorrectly omits any statement or is incorrect in any particular, or ii the warning notice was given in contravention of section 37E(3),

and c if a penalty notice has been given in relation to the warning notice, any appeal made under section 37G(1) has not been determined, the Secretary of State may withdraw the warning notice by giving notice of withdrawal to the employer.

2 Where a warning notice is withdrawn, no penalty notice may be given in relation to it.

3 Where a warning notice is withdrawn after a penalty notice has been given in relation to it—

a the penalty notice ceases to have effect;

b any sum paid by or recovered from the employer by way of financial penalty payable under the penalty notice must be repaid to the employer with interest at the appropriate rate running from the date when the sum was paid or recovered;

c any appeal under section 37G(1) relating to the penalty notice must be dismissed.

4 In subsection (3)(b), the appropriate rate means the rate that, on the date the sum was paid or recovered, was specified in section 17 of the Judgments Act 1838.

5 A notice of withdrawal under this section must indicate the effect of the withdrawal (but a failure to do so does not make the notice of withdrawal ineffective).

6 Withdrawal of a warning notice relating to a relevant sum does not preclude a further warning notice being given in relation to that sum (subject to section 37E(3)).