Wages Protection Act 1983

11A Proceedings by Labour Inspector or worker to recover arrears of wages from person involved in failure to comply

(1)

A Labour Inspector or a worker may recover from a person who is not the worker’s employer any arrears of wages that the worker is entitled to if—

(a)

the worker is entitled to the wages under this Act; and

(b)

the wages are unpaid due to non-compliance with this Act; and

(c)

the person from whom the wages are sought to be recovered is a person involved in the non-compliance.

(2)

However, unpaid wages may be recovered under subsection (1) only,—

(a)

in the case of recovery by a worker, with the prior leave of the Authority or court; and

(b)

to the extent that the worker’s employer is unable to pay the wages.

(3)

A Labour Inspector, worker, or person concerned may recover from a person involved in non-compliance with section 12A any premium paid in breach of that section.

(4)

However, a premium may be recovered under subsection (3) only,—

(a)

in the case of recovery by a worker or person concerned, with the prior leave of the Authority or court; and

(b)

to the extent that the employer concerned is unable to pay the premium.

(5)

For the purposes of subsections (1) and (3), a person is involved in the non-compliance if the person would be treated as a person involved in a breach within the meaning of section 142W of the Employment Relations Act 2000.

Section 11A: inserted, on 1 April 2016, by section 9 of the Wages Protection Amendment Act 2016 (2016 No 12).