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Contents

Official guidance
National Minimum Wage Manual

NMWM12000 · Records, evidence, powers and offences

  • NMWM12010 · Introduction
  • NMWM12020 · Records
  • NMWM12030 · Records: records to be made available to workers
  • NMWM12040 · Records: length of time to retain records
  • NMWM12050 · Evidence: what is evidence?
  • NMWM12060 · Evidence: gathering information from employers
  • NMWM12070 · Evidence: clarifying information regarding the employer
  • NMWM12080 · Evidence: clarifying information provided by an employer
  • NMWM12090 · Evidence: gathering information from workers
  • NMWM12100 · Evidence: clarifying information provided by workers
  • NMWM12110 · Evidence: gathering information from third parties
  • NMWM12120 · Evidence: gathering information from visits with other enforcement agencies
  • NMWM12130 · Evidence: consideration and clarification of contracts
  • NMWM12140 · Evidence: gathering sufficient evidence
  • NMWM12150 · Evidence: reaching an impartial view
  • NMWM12160 · Evidence: checking and challenging
  • NMWM12170 · Evidence: applying best judgment
  • NMWM12180 · Evidence: documenting the view of the NMW Officer
  • NMWM12190 · Evidence: reverse burden of proof
  • NMWM12200 · Evidence: offers of payment of arrears
  • NMWM12210 · Powers: NMW Officers
  • NMWM12220 · Powers: obtaining documents or information
  • NMWM12230 · Powers: power to enter premises to obtain documents
  • NMWM12240 · Powers: examples of how powers are used
  • NMWM12250 · Offences: criminal offences for National Minimum Wage
  • NMWM12260 · Offences: policy for criminal investigations
  • NMWM12270 · Offences: investigation of offences
  • NMWM12280 · Offences: investigative powers of HM Revenue & Customs
  • NMWM12290 · Offences: offences committed by relevant persons and bodies corporate
  • NMWM12300 · Offences: examples of how criminal cases can be considered
  1. Records, evidence, powers and offences: contents
  2. Records, evidence, powers and offences: powers: NMW Officers

NMWM12210 | Records, evidence, powers and offences: powers: NMW Officers

From HM Revenue & Customs · National Minimum Wage Manual

Relevant legislation

The legislation that applies to this page is as follows:

  • Employment Rights Act 2025, sections 96, 97, 98, 99 and 101

General

A NMW Officer is an officer acting for enforcement purposes under the Employment Rights Act 2025 and has the following powers for the performance of their duties;

  • Section 96: the power to obtain documents or information. NMW Officer's powers include, by notice, to require a person to:

    • attend at a specific time and place and to provide information by answering questions where the officer has reasonable grounds to believe the person is able to provide the information;

    • provide specified information, or information of a specified description, by a specified date where it is necessary for enforcement purposes and the person is able to provide it;

    • provide specified documents, or documents of a specified description, by a specified date where the officer has reasonable grounds to believe it is necessary for enforcement purposes and the person is able to provide it (NMWM12220).

  • Section 97: the power to enter premises in order to obtain documents (NMWM12230).

  • Section 98: the power to enter a dwelling.

  • Section 99: supplementary powers in relation to documents including the power to inspect, examine and take copies of documents. Also gives power to require documents stored in an electronic format to be produced in a form that can be taken away.

  • Section 100: the power to retain documents.

No person shall be required under the above powers to answer any question or furnish any information which might incriminate them or, if married or a civil partner, the person's spouse or civil partner.

(This content has been withheld because of exemptions in the Freedom of Information Act 2000)NMWM12250(This content has been withheld because of exemptions in the Freedom of Information Act 2000)

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