Caroline Lucas – 2016 Parliamentary Question to the Department for Business, Innovation and Skills

The below Parliamentary question was asked by Caroline Lucas on 2015-12-17.

To ask the Secretary of State for Business, Innovation and Skills, pursuant to the Answer of 13 July 2015 to Question 5609, how many HM Revenue and Customs investigations that commenced on or after 1 October 2013 resulted in the issuing of Notice of Underpayment (NOU) of the National Minimum Wage to the employer; how many of those employers receiving an NOU were exempt from his Department’s revised naming and shaming scheme on the basis that the total arrears were less than £100; how many of those employers successfully appealed against being named or shamed; and how many of those employers have been publicly named or shamed under that scheme.

Nick Boles

Since October 2013, HMRC has commenced 1004 investigations into National Minimum Wage (NMW) compliance that resulted in the issuing of a Notice of Underpayment (NoU). Of those:

– 165 employers were exempt from the NMW naming scheme on the basis that the total arrears were less than £100;

– 27 have made successful representations under the scheme and have not been named; and.

– 398 employers have been named under the scheme.

Employers are not named at the point when an NoU is issued. Under the National Minimum Wage regulations, employers have 28 days to appeal against an NoU. They then have a further 14 days to make representations to BIS against being named. We are currently considering the next batch of cases and expect to name more employers shortly.