Section 37Q — Employment Tribunals Act 1996: Financial penalties for non-payment: interpretation

Financial penalties for non-payment: interpretation 37Q 1 In this Part, the following terms have the following meanings— “claim”— means anything that is referred to in the relevant legislation as a claim, a complaint or a reference, other than a reference made by virtue of section 122(2) or 128(2) of the Equality Act 2010 (reference by court of question about a non-discrimination or equality rule etc ), and also includes an application, under regulations made under section 45 of the Employment Act 2002, for a declaration that a person is a permanent employee; “ costs sum ” has the meaning given by section 37A; “ employer ” has the same meaning as in section 12A; ... “ financial award ” has the meaning given by section 37A; “ penalty notice ” has the meaning given by section 37F; “ relevant appeal ” has the meaning given by section 37A; “ relevant sum ” has the meaning given by section 37A; “ settlement sum ” has the meaning given by section 37A; “specified amount” and “ specified date ”, in relation to a warning notice or a penalty notice given in relation to it, have the meanings given by section 37E(2); “unpaid amount”—

in relation to a financial award, has the meaning given by section 37B; in relation to a settlement sum, has the meaning given by section 37C; subject, in each case, to section 37D; “ warning notice ” has the meaning given by section 37E(2); “ worker ” has the same meaning as in section 12A.

2 References in this Part to an employer, in relation to a warning notice or penalty notice, are to the person to whom the notice is given (whether or not the person is an employer at the time in question).

3 For the purposes of this Part a relevant sum is to be regarded as having been paid in full when the amount unpaid in respect of that sum on the date of payment has been paid.

4 For the purposes of this Part, a penalty notice is given in relation to a warning notice if it is given as the result of a failure by the employer to pay the specified amount before the specified date.

5 The Secretary of State may by regulations amend this section so as to alter the meaning of “claim”.

6 Any provision that could be made by regulations under subsection (5) may instead be included in an order under section 12A(12).