This Section sets out how the required sum included in the notice of underpayment must be calculated.
	Subsection (1) sets out that the "required sum" is whichever is the greater of the following sums:
the sum that was due to the underpaid individual on the relevant day;
the sum determined in accordance with regulations under subsection (2) (if applicable).
	Subsection (2) provides that regulations made by the Secretary of State may provide for a greater sum to be payable to an individual if the amount payable under a statutory pay provision will have been higher if calculated at the time the notice was issued, rather than at the time the underpayment occurred.
	Subsection (3) states that the regulations made under the above subsection (2) cannot make provision in relation to the National Minimum Wage Act 1998.
	Subsection (4) states that the required sum payable to an individual may not exceed the specified maximum for the statutory pay provision. Subsection (5) defines ‘the specified maximum’ in relation to a statutory pay provision as an amount set out in regulations made by the Secretary of State under subsection (5). Subsection (6) states regulations made under this section are subject to the affirmative resolution procedure.
Part 5: Enforcement of Labour Market Legislation Notice of Underpayment Section 104 – Calculation of the required sum