HC Deb 09 March 1998 vol 308 cc225-6

Amendments made: No. 14, in page 12, line 12, at end insert '(and, where it does so, may be so framed as to relate to workers specified in the notice or to workers of a description so specified)'. No. 15, in page 12, line 17, leave out subsection (6) and insert— '(6) On an appeal under subsection (4) above, the employment tribunal shall dismiss the appeal unless it is established—

  1. (a) that, in the case of the worker or workers to whom the enforcement notice relates, the facts are such that an officer who was aware of them would have had no reason to serve any enforcement notice on the appellant; or
  2. (b) where the enforcement notice relates to two or more workers, that the facts are such that an officer who was aware of them would have had no reason to include some of the workers in any enforcement notice served on the appellant; or
  3. (c) where the enforcement notice imposes a requirement under subsection (2) above in relation to a worker,—
    1. (i) that no sum was due to the worker under section 15 above; or
    2. (ii) that the amount specified in the notice as the sum due to the worker under that section is incorrect;
    226 and in this subsection any reference to a worker includes a reference to a person whom the enforcement notice purports to treat as a worker.'.

No. 16, in page 12, line 27, after `(b)' insert 'or (c)'.—[Mr. Ian McCartney.]

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