9 Notices of underpayment
Employment Act 2008 (2008 c 24) | Legislation

9  Notices of underpayment

(1)     In the National Minimum Wage Act 1998, for sections 19 to 22F there is substituted—

“19 Notices of underpayment: arrears

(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)

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