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Employment Act 2002
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There are currently no known outstanding effects for the Employment Act 2002, Section 12.
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12 Penalties: fraud etc.U.K.
This section has no associated Explanatory Notes
(1)Where a person fraudulently or negligently—
(a)makes any incorrect statement or declaration in connection with establishing entitlement to [F1 F2... statutory paternity pay] [F3or statutory parental bereavement pay], or
(b)provides any incorrect information or document of a kind mentioned in regulations under section 10(1) so far as relating to [F1 F4... statutory paternity pay,] [F5or statutory parental bereavement pay]
he shall be liable to a penalty not exceeding £300.
(2)Where a person fraudulently or negligently—
(a)makes any incorrect statement or declaration in connection with establishing entitlement to statutory adoption pay [F6, statutory shared parental pay or statutory neonatal care pay], or
(b)provides any incorrect information or document of a kind mentioned in regulations under section 10(1) so far as relating to statutory adoption pay [F7, statutory shared parental pay or statutory neonatal care pay],
he shall be liable to a penalty not exceeding £3,000.
(3) Where an employer fraudulently or negligently makes incorrect payments of [F8 F9... statutory paternity pay ] [F10or statutory parental bereavement pay], he shall be liable to a penalty not exceeding £300.
(4)Where an employer fraudulently or negligently makes incorrect payments of statutory adoption pay [F11, statutory shared parental pay or statutory neonatal care pay], he shall be liable to a penalty not exceeding £3,000.
(5)Where an employer fraudulently or negligently—
(a)produces any incorrect document or record, provides any incorrect information or makes any incorrect return, of a kind mentioned in regulations under section 8È, or
(b)receives incorrect payments in pursuance of regulations under section 7,
he shall be liable to a penalty not exceeding £3,000 or, if the offence relates only to [F12 F13... statutory paternity pay] [F14or statutory parental bereavement pay], £300.
(6)Schedule 1 (penalties: procedure and appeals) has effect in relation to penalties under this section.
Textual Amendments
F1Words in s. 12(1) substituted (6.4.2010) by Work and Families Act 2006 (c. 18), s. 19(2), Sch. 1 para. 54(2); S.I. 2010/495, art. 4(d)
F2Word in s. 12(1)(a) repealed (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 55(2)(a); S.I. 2014/1640, art. 7(dd) (with art. 16)
F3Words in s. 12(1)(a) inserted (18.1.2020) by Parental Bereavement (Leave and Pay) Act 2018 (c. 24), s. 2(2), Sch. para. 40; S.I. 2020/45, reg. 2
F4Word in s. 12(1)(b) repealed (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 55(2)(b); S.I. 2014/1640, art. 7(dd) (with art. 16)
F5Words in s. 12(1)(b) inserted (18.1.2020) by Parental Bereavement (Leave and Pay) Act 2018 (c. 24), s. 2(2), Sch. para. 40; S.I. 2020/45, reg. 2
F6Words in s. 12(2)(a) substituted (17.1.2025) by Neonatal Care (Leave and Pay) Act 2023 (c. 20), s. 3(3), Sch. para. 40; S.I. 2025/41, reg. 2
F7Words in s. 12(2)(b) substituted (17.1.2025) by Neonatal Care (Leave and Pay) Act 2023 (c. 20), s. 3(3), Sch. para. 40; S.I. 2025/41, reg. 2
F8Words in s. 12(3) substituted (6.4.2010) by Work and Families Act 2006 (c. 18), s. 19(2), Sch. 1 para. 54(2); S.I. 2010/495, art. 4(d)
F9Word in s. 12(3) repealed (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 55(4); S.I. 2014/1640, art. 7(dd) (with art. 16)
F10Words in s. 12(3) inserted (18.1.2020) by Parental Bereavement (Leave and Pay) Act 2018 (c. 24), s. 2(2), Sch. para. 40; S.I. 2020/45, reg. 2
F11Words in s. 12(4) substituted (17.1.2025) by Neonatal Care (Leave and Pay) Act 2023 (c. 20), s. 3(3), Sch. para. 40; S.I. 2025/41, reg. 2
F12Words in s. 12(5) substituted (6.4.2010) by Work and Families Act 2006 (c. 18), s. 19(2), Sch. 1 para. 54(4); S.I. 2010/495, art. 4(d)
F13Word in s. 12(5) repealed (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 55(6); S.I. 2014/1640, art. 7(dd) (with art. 16)
F14Words in s. 12(5) inserted (18.1.2020) by Parental Bereavement (Leave and Pay) Act 2018 (c. 24), s. 2(2), Sch. para. 40; S.I. 2020/45, reg. 2
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