Legislation – Employment Rights Act 2025
Changes to legislation:
Employment Rights Act 2025, Section 111 is up to date with all changes known to be in force on or before 06 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 111:
- s. 111 coming into force by S.I. 2026/323 reg. 4(1)(16)
Part 5Enforcement of labour market legislation
Notices of underpayment
111Withdrawal of notice of underpayment
(1)
Where—
(a)
a notice of underpayment has been given to a person (and not already withdrawn or cancelled), and
(b)
it appears to the Secretary of State that the notice incorrectly includes or omits any requirement or is incorrect in any particular,
the Secretary of State may withdraw it by giving a notice of withdrawal to the person.
(2)
Where a notice of underpayment given to a person is withdrawn and no replacement notice of underpayment is given in accordance with section 112—
(a)
any sum paid by or recovered from the person by way of penalty payable under the notice must be repaid to the person with interest at the appropriate rate running from the date when the sum was paid or recovered;
(b)
any appeal against the notice must be dismissed.
(3)
(4)
Where subsection (2) applies, the notice of withdrawal must indicate the effect of that subsection (but a failure to do so does not make the withdrawal ineffective).