The Information and Consultation of Employees Regulations (Northern Ireland) 2005

Penalties

23.—(1) A penalty notice issued under regulation 22 shall specify –

(a) the amount of the penalty which is payable;

(b) the date before which the penalty must be paid; and

(c) the failure and period to which the penalty relates.

(2) No penalty set by the High Court under this regulation may exceed £75,000.

(3) Matters to be taken into account by the High Court when setting the amount of the penalty, shall include –

(a) the gravity of the failure;

(b) the period of time over which the failure occurred;

(c) the reason for the failure;

(d) the number of employees affected by the failure; and

(e) the number of employees employed by the undertaking or, where a negotiated agreement covers employees in more than one undertaking, the number of employees covered by both or all of the undertakings.

(4) The date specified under paragraph (1)(b) must not be earlier than the end of the period within which an appeal against a declaration or order made by the Industrial Court under regulation 22 may be made.

(5) If the specified date in a penalty notice has passed and –

(a) the period during which an appeal may be made has expired without an appeal having been made; or

(b) such an appeal has been made and determined,

the Department for Employment and Learning may recover from the employer, as a civil debt due to it, any amount payable under the penalty notice which remains outstanding.

(6) The making of an appeal suspends the effect of a penalty notice.

(7) Any sums received by the Department under regulation 22 or this regulation shall be paid into the Consolidated Fund.