New Clause 46: Employment Rights Bill
New Clause 46 - Period to which notice of underpayment may relate
“(1) A notice of underpayment may not relate to any sum that became due under or by virtue of a statutory pay provision before the beginning of the claim period.
(2) The “claim period”, in relation to a notice of underpayment, is the period of six years ending with the day on which the notice is given.
(3) The Secretary of State may by regulations amend this section so as to alter the length of the claim period.
(4) Regulations under subsection (3)—
(a) may specify different claim periods in relation to different statutory pay provisions;
(b) may not provide for the claim period in relation to a notice of underpayment to be greater than the period of six years ending with the day on which the notice is given.
(5) Regulations under subsection (3) are subject to the affirmative resolution procedure.
(6) A notice of underpayment may relate to sums that became due before the coming into force of this section.
(7) But a notice of underpayment may not relate to any sum that became due before the day on which this Act is passed.
(8) Subsection (7) does not apply to a notice of underpayment so far as it relates to any sum due under section 17 of the National Minimum Wage Act 1998 (entitlement to additional remuneration for failure to pay at least the minimum wage).
(9) See also section (Replacement notice of underpayment)(3) (claim period for replacement notices of underpayment).”—(Justin Madders.)