Moved by
Viscount Younger of Leckie
25: Clause 14, page 10, leave out lines 20 to 34 and insert—
“This section does not apply where subsection (3) or (4A) applies.
(2A) Subsection (3) applies where an employment tribunal—
(a) makes a financial award against an employer on a claim, and
(b) also orders the employer to pay a penalty under this section in respect of the claim.
(3) In such a case, the amount of the penalty under this section shall be 50% of the amount of the award, except that—
(a) if the amount of the financial award is less than £200, the amount of the penalty shall be £100;
(b) if the amount of the financial award is more than £10,000, the amount of the penalty shall be £5,000.
(4) Subsection (4A) applies, instead of subsection (3), where an employment tribunal—
(a) considers together two or more claims involving different workers but the same employer, and
(b) orders the employer to pay a penalty under this section in respect of any of those claims.
(4A) In such a case—
(a) the amount of the penalties in total shall be at least £100;
(b) the amount of a penalty in respect of a particular claim shall be—
(i) no more than £5,000, and
(ii) where the tribunal makes a financial award against the employer on the claim, no more than 50% of the amount of the award.
But where the tribunal makes a financial award on any of the claims and the amount awarded is less than £200 in total, the amount of the penalties in total shall be £100 (and paragraphs (a) and (b) shall not apply).”
26: Clause 14, page 10, line 37, leave out “(4)” and insert “(4A)”
27: Clause 14, page 11, line 45, leave out from “(2)” to end of line 46 and insert “, (3) or (4A) by substituting a different amount”
28: Clause 14, page 11, line 47, leave out “(4)” and insert “(4A)”