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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: obtaining documents or information

NMWM12220 | Records, evidence, powers and offences: powers: obtaining documents or information

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 to 101

General

NMWM12210 explains the powers of a NMW Officer for the performance of their duties. Some of those powers require a person, by notice, to provide specified information or documents. In this context it means any person whom an officer acting for the purposes of the Act has reasonable grounds to believe is able to provide information which is necessary for any enforcement purpose. This can include:

  1. the employer of a worker;

  2. a person who for the purposes of agency workers (who are not otherwise workers -section 34 of the National Minimum Wage Act 1998) is the agent or the principle;

  3. a person who supplies work to an individual who qualifies for the National Minimum Wage;

  4. a worker, servant or agent of a person described in a. to c. above;

  5. a person who qualifies for the National Minimum Wage.

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