Legislation – Employment Rights Act 2025
Changes to legislation:
Employment Rights Act 2025, Section 113 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 113:
- s. 113 coming into force by S.I. 2026/323 reg. 4(1)(18)
Part 5Enforcement of labour market legislation
Notices of underpayment
113Effect of replacement notice of underpayment
(1)
(2)
If an appeal has been made under section 110 in respect of the original notice and the appeal has not been withdrawn or finally determined before the time when that notice is withdrawn—
(a)
that appeal (“the earlier appeal”) has effect after that time as if it had been made in respect of the replacement notice, and
(b)
the person given the notice may exercise the right of appeal under that section in respect of the replacement notice only if the earlier appeal is withdrawn.
(3)
If a sum was paid by or recovered from the person by way of penalty under the original notice—
(a)
an amount equal to that sum (or, if more than one, the total of those sums) is to be treated as having been paid in respect of the penalty imposed by the replacement notice, and
(b)
any amount by which that sum (or total) exceeds the amount of the penalty imposed by the replacement notice must be repaid to the person with interest at the appropriate rate running from the date when the sum (or, if more than one, the first of them) was paid or recovered.