SolvedNMWM15160 | Enforcement and proceedings: approach for enforcement action via criminal proceedings
From HM Revenue & Customs · National Minimum Wage Manual
Relevant legislation
The legislation that applies to this page is as follows:
National Minimum Wage Act 1998, section 31
General
The approach taken to consider enforcement action via a criminal investigation involves the close working of three parties;
The NMW Officer,
Criminal Investigation and
NMW Technical Team
NMW Officer
The NMW Officer is responsible for identifying those cases where a referral to criminal investigation is appropriate. Such cases are usually identified in the few cases where the behaviour of an employer results in an NMW Officer having to cite their investigative powers prescribed in legislation (NMWM12210).
(This content has been withheld because of exemptions in the Freedom of Information Act 2000)
Criminal Investigation
The HM Revenue & Customs (NMWM02030) Criminal Investigation Directorate will risk score each case referral before agreeing to start a criminal investigation. If a case is selected for investigation an officer from Criminal Investigations will contact the NMW Officer for further background information. The criminal investigator will lead the criminal investigation, keeping the NMW Officer informed as appropriate.
If the case should proceed to a hearing it is likely that the NMW Officer will be required to provide evidence of their role in the investigation. In these circumstances, Criminal Investigations will be responsible for leading the prosecution and ensuring that the NMW Officer is suitably supported.
NMW Technical Team
If the Criminal Investigation Directorate agree to start a criminal investigation, they will send it to the NMW Technical Team. The NMW Technical Team will review each case to identify whether there are potentially any issues with the decision made from a technical perspective.
The review will focus on two primary areas;
Has the NMW Officer followed the appropriate operational process leading up to the referral? (This content has been withheld because of exemptions in the Freedom of Information Act 2000)
Has the investigation satisfactorily identified that National Minimum Wage legislation applies? (This content has been withheld because of exemptions in the Freedom of Information Act 2000)
The NMW Technical Team will resolve any queries with the investigating NMW Officer prior to referring the case for potential criminal investigation.