There have been no prosecutions of employers for the non-payment of minimum wage. In 2007 there were two successful prosecutions of employers, one for obstructing a compliance officer and one for failing to produce records, in the London and South West regions.
In the great majority of cases where minimum wage arrears are identified, the employer pays any minimum wage arrears without the need for any formal enforcement action. When arrears are not paid, an enforcement notice will be issued setting out the arrears that are considered to be due. An employer will then have 28 days to lodge an appeal and subsequently have his case heard before an employment tribunal. If the tribunal does not uphold the appeal, or the employer does not appeal, the enforcement notice against the arrears becomes due.