Emily Thornberry – 2015 Parliamentary Question to the Attorney General

The below Parliamentary question was asked by Emily Thornberry on 2015-11-18.

To ask the Attorney General, how many cases of suspected non-compliance with minimum wage legislation were referred to the CPS in each of the last five years; and how many such referrals led to a prosecution in each of those years.

Robert Buckland

Data held centrally by the Crown Prosecution Service (CPS), together with information provided by Her Majesty’s Revenue and Customs (HMRC), which has responsibility for enforcing the law in relation to the National Minimum Wage (NMW), shows that there were three cases which were referred to the Crown Prosecution Service by HMRC in the financial year 2010 – 2011, of which two resulted in prosecution. No referrals were made in the financial years 2011 – 2012 and 2012 – 2013. No cases were referred to the Crown Prosecution Service by HMRC in 2013 – 2014 and two cases were referred in 2014 – 2015, of which one resulted in prosecution. One case has been referred in this financial year (2015-2016), which is currently under consideration.

The majority of employers identified as paying below the National Minimum Wage pay arrears on receipt of a formal Notice of Underpayment. Where they do not do so, HMRC pursues recovery through the civil courts. For deliberate non-compliance or obstructive behaviour HMRC operates a policy of selective and exemplary criminal investigation action as part of a wider enforcement strategy.