Section 37K Replacement penalty noticeF1

(1)

Where F2the Secretary of State—

(a)

withdraws a penalty notice (“the original penalty notice”) under section 37J, and

(b)

is satisfied that the employer failed to pay the specified amount in full before the specified date in accordance with the warning notice in relation to which the original penalty notice was given,

F3the Secretary of State may at the same time give another penalty notice in relation to the warning notice (“the replacement penalty notice”).

(2)

The replacement penalty notice must—

(a)

indicate the differences between it and the original penalty notice that the enforcement officer reasonably considers material, and

(b)

indicate the effect of section 37L.

(3)

Failure to comply with subsection (2) does not make the replacement penalty notice ineffective.

(4)

Where a replacement penalty notice is withdrawn under section 37J, no further replacement penalty notice may be given under subsection (1) pursuant to the withdrawal.

(5)

Nothing in this section affects any power that arises apart from this section to give a penalty notice.

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. 37K(1) substituted (7.4.2026) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 10 para. 12(a) (with s. 147, Sch. 11); S.I. 2026/323, reg. 4(1)(55)(a)
F3: Words in s. 37K(1) substituted (7.4.2026) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 10 para. 12(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