No financial penalties against employers under ERRA 2013

S.16 of the Enterprise and Regulatory Reform Act 2013 came into force on 6 April 2014, inserting new S.12A into the Employment Tribunals Act 1996, giving tribunals the power to order an employer, who has lost at tribunal, to pay a financial penalty of up to £5,000 to the Secretary of State, where the case has "aggravating features".

S.16 of the Enterprise and Regulatory Reform Act 2013 came into force on 6 April 2014, inserting new S.12A into the Employment Tribunals Act 1996, giving tribunals the power to order an employer, who has lost at tribunal, to pay a financial penalty of up to £5,000 to the Secretary of State, where the case has “aggravating features”. In a written question to Parliament, BIS were asked how many financial penalties have been imposed on employers under S.16 and how many such penalties (a) have been paid and (b) remain unpaid. The answer was that none have been imposed so far.

Content Note

The aim is to provide summary information and comment on the subject areas covered. In particular, where employment tribunal and appellate court cases are reported, the information does not set out full details of all the facts, the legal arguments presented by the parties and the judgments made in every aspect of the case. Click on the links provided to access full details. If no link is provided contact us for further information. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.

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