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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: power to enter premises to obtain documents

NMWM12230 | Records, evidence, powers and offences: powers: power to enter premises to obtain documents

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 97 and 98

General

NMWM12210 explains the powers of a NMW Officer for the performance of their duties. One of those powers is the power to enter premises in order to obtain documents (subject to section 98) for any enforcement purpose.

An enforcement officer can enter any premises to:

  • inspect or examine any documents on the premises,

  • require any person on the premises to produce documents which they have reasonable grounds to believe are on the premises and within the person's possession or control,

  • have access to, and check the operation of, any computer or other equipment used in connection with the processing or storage of any information or documents.

(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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