Legislation – Employment Rights Act 2025
Changes to legislation:
Employment Rights Act 2025, Section 115 is up to date with all changes known to be in force on or before 04 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.
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Part 5Enforcement of labour market legislation
Notices of underpayment
115Enforcement of requirement to pay penalty
(1)
In England and Wales, a penalty is recoverable as if it were payable under an order of the county court.
(2)
In Scotland, a penalty may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
(3)
In Northern Ireland, a penalty is recoverable as if it were payable under an order of a county court.
(4)
Where action is taken under this section for the recovery of a penalty, the penalty—
(a)
in relation to England and Wales, is to be treated for the purposes of section 98 of the Courts Act 2003 (register of judgments and orders etc) as if it were a judgment entered in the county court;
(b)
in relation to Northern Ireland, is to be treated for the purposes of Article 116 of the Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/226 (N.I. 6)) (register of judgments) as if it were a judgment in respect of which an application has been accepted under Article 22 or 23(1) of that Order.
(5)
In this section “penalty” means a penalty payable under a notice of underpayment.