| Commentary

(4) Fixing a civil penalty

| Commentary

(4)     Fixing a civil penalty

If the employer does not have a statutory excuse, the question becomes one of the size of the civil penalty to be imposed. We have seen that the maximum is £20,000 in respect of each unlawful employee, but a further peculiarity of this statutory scheme is that the appropriate level within this is not merely in the Secretary of State's discretion, but is subject to precise rules of calculation laid down in the Code of Practice. This explains the third ground for objection or appeal (para [20.04] above), namely that 'the amount of

To continue reading
Analyse the law and clarify obscure passages all within a practical context.