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Contents

Official guidance
National Minimum Wage Manual

NMWM16000 · Disclosure of information

  • NMWM16010 · Introduction
  • NMWM16020 · Duty of confidentiality and the declaration of confidentiality
  • NMWM16030 · Lawful authority to disclose information
  • NMWM16040 · Sanction for unlawful disclosure
  • NMWM16050 · Ownership of National Minimum Wage information
  • NMWM16060 · Exchange of information with other HM Revenue & Customs’ teams
  • NMWM16070 · Legal gateways: providing information to another government department or public authority, including local authorities
  • NMWM16080 · Legal gateways: request for information from another government department or public authority, including local authorities
  • NMWM16090 · Memorandum of Understanding
  • NMWM16100 · No legal gateway: lawful disclosure in the public interest
  • NMWM16105 · Public interest disclosures for public health or public safety
  • NMWM16110 · Data Protection Act 1998
  • NMWM16120 · Data Protection Act: issues relevant to HM Revenue & Customs’ disclosures
  • NMWM16130 · Data Protection Act: requests for information
  • NMWM16140 · Data Protection Act: obtaining information from third parties (such as Local Authorities)
  • NMWM16160 · Data Protection Act: requests from third parties for HM Revenue & Customs’ National Minimum Wage information
  • NMWM16170 · Freedom of Information
  • NMWM16180 · Freedom of Information: requests for information
  • NMWM16190 · Human Rights Act 1998
  • NMWM16200 · Human Rights Act: information sharing provisions
  • NMWM16210 · Department for Business and Trade
  • NMWM16215 · Employment Agency Standards Inspectorate and the Department of Employment and Learning
  • NMWM16220 · Home Office and its associated organisations including the police
  • NMWM16225 · Home Office Immigration Enforcement (previously UK Border Agency)
  • NMWM16230 · Department for Work and Pensions
  • NMWM16240 · Child Support Agency and the Child Maintenance and Enforcement Commission
  • NMWM16250 · Health and Safety Executive
  • NMWM16260 · Fair Work Agency for Gangmaster's licensing
  • NMWM16270 · Department for Environment, Food and Rural Affairs and the Scottish and Northern Irish equivalents
  • NMWM16280 · Insolvency Service Disqualification Unit, liquidators, administrators and administrative receivers
  • NMWM16290 · Insolvency Service Disqualification Unit: what can be disclosed
  • NMWM16300 · External solicitors acting for the Department for Business and Trade
  • NMWM16310 · Orders from tribunal (no direct HM Revenue & Customs’ involvement)
  • NMWM16312 · NMW Officer ordered to attend a tribunal (no direct HM Revenue & Customs’ involvement)
  • NMWM16314 · Providing documentation to a tribunal (no direct HM Revenue & Customs’ involvement)
  • NMWM16316 · Providing information as a witness to a tribunal (no direct HM Revenue & Customs’ involvement)
  • NMWM16320 · Civil and criminal proceedings (no direct HM Revenue & Customs’ involvement)
  • NMWM16330 · Orders from court: witness summonses and subpoenas (witness citations in Scotland)
  • NMWM16340 · Orders from court: requests for information not binding on the Crown
  • NMWM16350 · Lawful disclosure: disclosure with the customer’s consent (including for agents and personal representatives)
  • NMWM16360 · Procedure to obtain consent: written or verbal
  • NMWM16370 · Procedure to obtain consent at interview with customer and third party
  • NMWM16380 · Disclosure of customer information in correspondence with Members of Parliament (MP, MSP, AM, MEP etc.)
  • NMWM16390 · Telephone enquiries received from Members of Parliament
  • NMWM16400 · Protecting confidentiality when obtaining information from third parties
  • NMWM16410 · Protecting confidentiality when on the telephone
  • NMWM16420 · Bogus telephone calls
  • NMWM16430 · Criminal Records Bureau, Disclosure Scotland and police service Northern Ireland
  • NMWM16440 · Power of attorney
  • NMWM16460 · The Parliamentary Ombudsman
  • NMWM16470 · Charity Commission
  • NMWM16500 · Revenue & Customs Prosecution Office (RCPO)
  • NMWM16510 · Verifying information already held
  • NMWM16520 · Obtaining consent where the customer is deceased or if a company is insolvent or has been dissolved
  1. Disclosure of information: contents
  2. Disclosure of information: Employment Agency Standards Inspectorate and the Department of Employment and Learning

NMWM16215 | Disclosure of information: Employment Agency Standards Inspectorate and the Department of Employment and Learning

From HM Revenue & Customs · National Minimum Wage Manual

Relevant legislation

The legislation that applies to this page is as follows:

  • Employment Act 2008, sections 18(1) and 18(2)

  • Employment Rights Act 2025, section 135

  • Employment Agencies Act 1973, section 9 (4)

General

Employment Agency Standards Inspectorate is an Executive Agency of Department for Business and Trade (NMWM16210).

Section 135(3) Employment Rights Act 2025 allows information obtained by National Minimum Wage teams to be supplied to officers of the Employment Agency Standards Inspectorate acting for the purposes of the Employment Agencies Act 1973 for any purpose relating to that Act.

Section 9(4) Employment Agencies Act 1973 allows information obtained by officers of the Employment Agency Standards Inspectorate to supply information to an officer acting for the purposes of the National Minimum Wage Act 1998 for any purpose relating to that Act.

The exchange of National Minimum Wage information with the Employment Agency Standards Inspectorate falls within the role of the Pay and Work Rights Helpline multi issue single point of contact. The identity of the single point of contact is available on the NMW Operations intranet site or via your People Leader.

If an officer from the Employment Agency Standards Inspectorate asks for information, you must pass this request to the nominated single point of contract who will reply. Should you require information from the Employment Agency Standards Inspectorate you should submit your request for the information through the single point of contact.

Similarly, disclosure of information which may be relevant to the Employment Agency Standards Inspectorate should be made to the single point of contact.

Top of page

Northern Ireland

The Employment Act (Northern Ireland) 2010 amended the National Minimum Wage Act 1998 to allow for exchange between National Minimum Wage officers and the Department for Employment and Learning (who are responsible for the regulation of employment agencies and businesses in Northern Ireland) in relation to their respective functions.

For NMW Operations the single point of contact for EAS is also the single point of contact for the Department for Employment and Learning to obtain National Minimum Wage information and for them to pass information to National Minimum Wage.

If an officer from the Department for Employment and Learning asks you for information, you must pass on the request to the NMW Operations single point of contact who will reply. Should you require information from the Department for Employment and Learning you should submit your request for the information through single point of contact.

Disclosure of information which may be relevant to the Department for Education and Learning should be passed to the single point of contact.

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