NMWM12080 | Records, evidence, powers and offences: evidence: clarifying information provided by an employer

Relevant legislation

The legislation that applies to this page is as follows:

• Employment Rights Act 2025, sections 96 to 101

General

When obtaining evidence from employers (NMWM12040) NMW Officers should be aware of issues relating to the employer which may be required or helpful should enforcement action be necessary. Such issues include:

• Is the information being provided consistent?

For example, has their version of events changed over time? Is the information being provided consistent with information provided to other parts of HM Revenue & Customs (NMWM02030) such as PAYE details or concerning a status investigation.

• Is the information being provided reliable?

For example, if the employer advises that there are times when they are not open for business is this consistent with the trade, advertised opening times or appointment book?

• Is the information being provided credible?

For example:

• is the number of staff reported as working sufficient to cover the opening times of the business?

• does the number of wage records (for instance, P11 or equivalent) tie up with the number of people present on the business premises?

Where information is provided by the employer which casts doubt on their integrity the NMW Officer should note their concerns regarding the facts in question. Where the NMW Officer feels that the information being supplied is unreliable it may be necessary to consider alternative evidence when forming their impartial view.