Caroline Lucas – 2016 Parliamentary Question to the Department for Business, Energy and Industrial Strategy

The below Parliamentary question was asked by Caroline Lucas on 2016-09-02.

To ask the Secretary of State for Business, Energy and Industrial Strategy, what the total amount of arrears recovered by HM Revenue and Customs for non-compliance with the national minimum wage is in 2016-17 to date; how many (a) workers and (b) employers those arrears relate to; and how many of those employers (i) were issued a financial penalty, (ii) self-corrected and paid those arrears back to the workers concerned without being issued a financial penalty and (iii) have been named and shamed for that non-compliance.

Margot James

HM Revenue and Customs do not provide ad-hoc data for National Minimum Wage/National Living Wage enforcement, although mid-year figures will be available later in the year.

Employers found to have broken minimum wage law will be issued with a Notice of Underpayment by HMRC and will have 28 days to appeal against it. If the employer does not appeal or an appeal has been unsuccessful, HMRC will issue a case closure letter to the employer and refer them to the Department for Business, Energy and Industrial Strategy (BEIS) to be considered for naming and shaming. The employer will then have 14 days from the date of the case closure letter to make written representations to BEIS outlining whether they fall under any of the exceptional circumstances for not being named under the scheme. Employers issued with a case closure letter after 1 April 2016 will be named by BEIS in future naming rounds.