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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: offences: policy for criminal investigations

NMWM12260 | Records, evidence, powers and offences: offences: policy for criminal investigations

From HM Revenue & Customs · National Minimum Wage Manual

HM Revenue & Customs (NMWM02030) and the Department for Business and Trade (NMWM02020) operate a policy of selective and exemplary criminal investigations to bolster the overall enforcement strategy.

  • “selective” means that HM Revenue & Customs will investigate only the most serious cases;

  • “exemplary” means that HM Revenue & Customs will investigate cases across the whole range of available offences and in a range of trade sectors.

The intended effect is to encourage and improve voluntary compliance with the provisions of National Minimum Wage legislation across the business community as a whole.

Further details of the policy on criminal investigations are contained in the paper “Policy on HM Revenue & Customs enforcement, prosecutions and naming employers who flout NMW law”, available on the websitehttp://www.gov.uk.

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