Enforcement

Notices of underpayment: arrears
19
1
Subsection (2) below applies where an officer acting for the purposes of this Act is of the opinion that, on any day (“
the relevant day
”), a sum was due under section 17 above for any one or more pay reference periods ending before the relevant day to a worker who at any time qualified for the national minimum wage.
2
Where this subsection applies, the officer may, subject to this section, serve a notice requiring the employer to pay to the worker, within the 28-day period, the sum due to the worker under section 17 above for any one or more of the pay reference periods referred to in subsection (1) above.
3
In this Act, “
notice of underpayment
” means a notice under this section.
4
A notice of underpayment must specify, for each worker to whom it relates—
a
the relevant day in relation to that worker;
b
the pay reference period or periods in respect of which the employer is required to pay a sum to the worker as specified in subsection (2) above;
c
the amount described in section 17(2) above in relation to the worker in respect of each such period;
d
the amount described in section 17(4) above in relation to the worker in respect of each of such period;
e
the sum due under section 17 above to the worker for each such period.
5
Where a notice of underpayment relates to more than one worker, the notice may identify the workers by name or by description.
6
The reference in subsection (1) above to a pay reference period includes (subject to subsection (7) below) a pay reference period ending before the coming into force of this section.
7
A notice of underpayment may not relate to a pay reference period ending more than six years before the date of service of the notice.
8
In this section and sections 19A to 19C below “
the 28-day period
” means the period of 28 days beginning with the date of service of the notice of underpayment.
Ss. 19-19H substituted for ss.19-22F (6.4.2009) by Employment Act 2008 (c. 24), ss. 9(1), 22(1)(a) (with s. 9(7)); S.I. 2009/603, art. 2 (with art. 3, Sch.)
S. 19 applied (with modifications) (30.7.2014) by Agricultural Sector (Wales) Act 2014 (anaw 6), ss. 5(1)(2)(d)(3)-(7), 19 (with s. 14(1))