Criteria for ‘naming’ firms who flout National Minimum Wage

The Department for Business, Innovation and Skills (BIS) has started to name and shame firms that flout National Minimum Wage regulations.

To help employers comply with the regulations, BIS has outlined the following seven points that could put a firm at risk. An employer only has to meet one of these points to be named:

i. There is evidence that the employer knowingly or deliberately failed to comply with their NMW obligations.

ii. There is evidence that the employer has previously received advice from HMRC about the steps they need to take to ensure future compliance with national minimum wage and has not taken those steps.

iii. There is evidence that the employer has failed to take adequate steps to keep or preserve NMW records.

iv. There is evidence that the employer has delayed or obstructed a NMW compliance officer in the performance of their duties.

v. There is evidence that the employer has refused or neglected to answer questions put to them by a NMW compliance officer.

vi. There is evidence that the employer has refused or neglected to provide information or produce documents to a NMW compliance officer.

vii. There is evidence that the employer refused or neglected to pay arrears of the NMW to workers, following HMRC intervention, which has resulted in HMRC taking action against the employer to ensure payment of arrears to workers.

HMRC will not refer cases to BIS unless the total arrears owed to workers are at least £2,000 and the average arrears per worker are at least £500.

Please contact Robert Bedford if you would like more information about the National Minimum Wage regulations or any aspect of employment law.