Supporting Guidance: employer compliance: guidance by subject: working the case: Human Rights Act 1998 (HRA)
See COG906050 for the background to HRA 1998 and information that must be provided to the employer/contractor where a penalty affected by the HRA may have been incurred.
The advice about what you must do when a penalty may be due is in CH300500. You can provide the information to the employer/contractor at a meeting or in a letter. If the employer/contractor is represented you should send a copy of the letter to the agent:
- As soon as you have evidence that the person may have incurred a penalty of the type listed in CH300200, you must tell them of their rights under Article 6. This means you must issue factsheet CC/FS19 and HRA factsheet CC/FS9 - available via SEES.
- You must also tell the person that you will issue early penalty assessments if they notify an appeal against a related determination to the tribunal.
- You must work the case without unreasonable delay. This includes taking positive (formal) action to overcome delay by the person or their agent. CH301000 explains how delays may affect your ability to charge a penalty.
What you should say at a meeting
In addition to issuing the relevant factsheets you must:
- Tell them that they do not have to co-operate with your compliance check. You should also explain what might happen if they choose not to co-operate. CH300600 explains how you should do this and CH300900 sets out the HRA message to convey
- Tell the person that you will issue early penalty assessments if they notify an appeal against a determination to the tribunal.
- Check that the employer/contractor understands this, and explain again if they do not.
- Invite the employer/contractor to explain the errors and make any further clarification or disclosures.
The notes of meeting should record what was said, and a copy should be sent to the employer/contractor. See COG905295.