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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: providing documentation to a tribunal (no direct HM Revenue & Customs’ involvement)

NMWM16314 | Disclosure of information: providing documentation to a tribunal (no direct HM Revenue & Customs’ involvement)

From HM Revenue & Customs · National Minimum Wage Manual

If a NMW Officer is ordered to attend a tribunal (NMWM16312), then they must do so and will be legally bound to answer any questions that are put to them.

If the Order/direction states that a NMW Officer must produce relevant documents prior to the tribunal hearing it is important that the NMW Officer provides copies of the required documentation to the tribunal at the earliest opportunity and complies with any requests from them to forward copies to other parties to the claim. The parties may wish to consider whether they want to include any of the documents you supply in the bundles they prepare for the hearing. All documents should be sent by “First Class signed for” post, obtaining confirmation of delivery.

Documents should not be issued to other parties unless specifically asked to do so by the tribunal and then only send them to the parties named by the tribunal, to the address supplied by the tribunal with a brief covering note.

Relevant documents will include correspondence sent to either party, and notes of interview (agreed copies where possible). (This content has been withheld because of exemptions in the Freedom of Information Act 2000)

All staff in HM Revenue & Customs are bound by a duty of confidentiality (NMWM16020). You must not disclose information or documents to a tribunal or any party involved in a tribunal unless you have received an Order from the tribunal directing you to do so.

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