ECH22020 - Settlement: Culpability - Warning of Penalties
When all the facts are established the ECO should
- form an opinion on culpability.
In cases of doubt or difficulty, the ECO should
- discuss with the ECTM.
Warning the Employer or Contractor of Penalties
Where a penalty is appropriate, the ECO should
- tell the employer that a penalty may be sought in any settlement
- not
- make firm predictions about whether a penalty will be sought
or
- give any indication of the amount of the possible penalty
- record in the notes of meeting that the employer or contractor has been warned that a penalty may be sought.
