NMWM15100 | Enforcement and proceedings: enforcement using civil proceedings

Relevant legislation

The legislation that applies to this page is as follows:

• Employment Rights Act 2025, section 114

General

If an employer fails to pay workers their arrears as presented on a Notice of Underpayment, then HM Revenue & Customs (NMWM02030) will commence enforcement action on behalf of the workers using the civil courts under section 114 of the Employment Rights Act 2025.

The investigating NMW Officer is usually responsible for initiating civil enforcement (NMWM15110), which generally occurs in two circumstances;

• The employer appealed the notice and the arrears outstanding at the end of the appeal process have not been paid (NMWM15080); or

• The employer did not appeal the notice and failed to pay the arrears still owed to workers (NMWM14090).