Section 21 Penalties and legal proceedings in respect of general provisions as to employment.
England and Wales
If a person is employed in contravention of any of the foregoing provisions of this Part of this Act, or of the provisions of any byelaw F1or regulations made thereunder, the employer and any person (other than the person employed) to whose act or default the contravention is attributable shall be liable on summary conviction to a fine not exceeding F2level 3 on the standard scale:
Provided that, if proceedings are brought against the employer, the employer, upon information duly laid by him and on giving to the prosecution not less than three days’ notice of his intention, shall be entitled to have any person (other than the person employed) to whose act or default he alleges that the contravention was due, brought before the court as a party to the proceedings, and if, after the contravention has been proved, the employer proves to the satisfaction of the court that the contravention was due to the act or default of the said other person, that person may be convicted of the offence; and if the employer further proves to the satisfaction of the court that he has used all due diligence to secure that the provisions in question should be complied with, he shall be acquitted of the offence.
Where an employer seeks to avail himself of the proviso to the last foregoing subsection,
the prosecution shall have the right to cross-examine him, if he gives evidence, and any witness called by him in support of his charge against the other person, and to call rebutting evidence; and
the court may make such order as it thinks fit for the payment of costs by any party to the proceedings to any other party thereto.
Where a person is charged under this section with contravening section 18(1)(j) of this Act the proviso in subsection (1) of this section shall not apply, but it shall be a defence for him to prove that he used all due diligence to secure that section 18(1)(j) should be compiled with
Annotations
Textual amendments
- F1
Words in s. 21(1) inserted (29.4.2026 for specified purposes) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 28(3), 78(1)(a)(3)(5)
- F2
Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35, 37, 38, 46
- F3
S. 21(2A) inserted (4.8.1998) by S.I. 1998/276, reg. 3.
- F4
Word substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 10(2), Sch. 3 para. 3
- F5
Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35, 37, 38, 46
Modifications
- C1
S. 21(1) extended by Employment of Women, Young Persons, and Children Act 1920 (c. 65, SIF 43:4), s. 1(6)(a) (as substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 29(3), Sch. 6 para. 1(a))
- C2
S. 21(2) extended by Employment of Women, Young Persons, and Children Act 1920 (c. 65, SIF 43:4), s. 1(6)(a) (as substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 29(3), Sch. 6 para. 1(a))
Notes on Part II
Modifications
- C1
Pt. II extended by Children and Young Persons Act 1963 (c. 37), s. 44(1)