Section 37I Withdrawal of warning noticeF1

(1)

Where—

(a)

a warning notice has been given (and not already withdrawn),

(b)

it appears to F2the 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 F3Secretary 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Where a warning notice is withdrawn, no penalty notice may be given in relation to it.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Where a warning notice is withdrawn after a penalty notice has been given in relation to it—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)).

Annotations

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)
F2: Words in s. 37I(1)(b) substituted (7.4.2026) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 10 para. 10(a) (with s. 147, Sch. 11); S.I. 2026/323, reg. 4(1)(55)(a)
F3: Words in s. 37I(1) substituted (7.4.2026) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 10 para. 10(b) (with s. 147, Sch. 11); S.I. 2026/323, reg. 4(1)(55)(a)

Notes on the whole Act

Textual amendments

F1: The Industrial Tribunals Act 1996 may be cited as the Employment Tribunals Act 1996 (1.8.1998) by virtue of 1998 c. 8, s. 1(2) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1
F2: Words in long title substituted (1.8.1998) by 1998 c. 8, s. 1(2)(b) (with s. 16(2); S.I. 1998/1658, art. 2(1), Sch. 1