Supporting Guidance: employer compliance: guidance by subject: settlement: culpability - warning of penalties
When all the facts are established you should
- form an opinion on culpability.
In cases of doubt or difficulty
- you should discuss with your manager.
Warning the Employer or Contractor of Penalties
- Where a penalty is appropriate, you should tell the employer that a penalty may be sought in any settlement.
Record in the notes of meeting that the employer or contractor has been warned that a penalty may be sought and been provided with,
You should not
- make firm predictions about whether a penalty will be sought, or
- give any indication of the amount of the possible penalty.