Employment

I122Offence: bodies corporate, &c.

1

For the purposes of section 21(1) a body (whether corporate or not) shall be treated as knowing a fact about an employee if a person who has responsibility within the body for an aspect of the employment knows the fact.

2

If an offence under section 21(1) is committed by a body corporate with the consent or connivance of an officer of the body, the officer, as well as the body, shall be treated as having committed the offence.

3

In subsection (2) a reference to an officer of a body includes a reference to—

a

a director, manager or secretary,

b

a person purporting to act as a director, manager or secretary, and

c

if the affairs of the body are managed by its members, a member.

4

Where an offence under section 21(1) is committed by a partnership (whether or not a limited partnership) subsection (2) above shall have effect, but as if a reference to an officer of the body were a reference to—

a

a partner, and

b

a person purporting to act as a partner.