# Wages Councils Act 1979, Section 15: Effect and enforcement of orders under section 14


(1) If a contract between a worker to whom an order under section 14 above applies and his employer provides for the payment of less remuneration than the statutory minimum remuneration, it shall have effect as if the statutory minimum remuneration were substituted for the remuneration provided for in the contract, and if any such contract provides for the payment of any holiday remuneration at times or subject to conditions other than those specified in the order, it shall have effect as if the times or conditions specified in the order were substituted for those provided for in the contract.
(2) If any such contract fixes terms and conditions other than those relating to remuneration or wages which are less favourable than the corresponding terms and conditions specified in an order under section 14 above it shall have effect as if the corresponding terms and conditions were substituted for those fixed by the contract.
(3) If an employer fails—
(a) to pay a worker to whom an order under section 14 above applies remuneration not less than the statutory minimum remuneration; or
(b) to pay him arrears of remuneration before the expiration of the period specified in the order ; or
(c) to pay him holiday remuneration at the times and subject to the conditions specified in the order ; or
(d) to allow to any such worker the holidays fixed by the order;
he shall for each offence be liable on summary conviction to a fine not exceeding £100.
(4) Where proceedings are brought under subsection (3) above in respect of an offence consisting of a failure to pay remuneration not less than the statutory minimum remuneration, or to pay arrears of remuneration, and the employer or any other person charged as a person to whose act or default the offence was due is found guilty of the offence, then, subject to subsection (5) below,—
(a) evidence may be given of any failure on the part of the employer to pay any such remuneration or arrears during the two years ending with the date of the offence to any worker employed by him ; and
(b) on proof of the failure, the court may order the employer to pay such sum as is found by the court to represent the difference between the amount of any such remuneration or arrears which ought to have been paid during that period to any such worker, if the provisions of this Part of this Act had been complied with, and the amount actually so paid.
(5) Evidence of any failure to pay any such remuneration or arrears may be given under subsection (4) above only if—
(a) the employer or any other person charged as aforesaid has been convicted of the offence consisting of the failure; and
(b) notice of intention to adduce such evidence has been served with the summons or warrant.
(6) The powers given by this section for the recovery of sums due from an employer to a worker shall not be in derogation of any right to recover such sums by civil proceedings.
(7) In the application of this section to Scotland—
(a) in subsection (4), the words " or any other person charged as a person to whose act or default the offence was due " shall be omitted; and
(b) in subsection (5), in paragraph (a) the words " or any other person charged as aforesaid " shall be omitted, and in paragraph (b) for the words " summons or warrant " there shall be substituted the word " complaint ".

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Source: https://www.legislation.gov.uk/ukpga/1979/12/section/15 (the official version)
Page: https://openlegislation.uk/wages-councils-act-1979/section-15
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.