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Minimum Wage: Prosecutions

Volume 475: debated on Thursday 8 May 2008

To ask the Chancellor of the Exchequer pursuant to the answer of 28 April 2008, Official Report, columns 143-4W, on minimum wage: prosecutions, how many employers have appealed against a minimum wage arrears enforcement notice in each year since the minimum wage was introduced, broken down by region. (203860)

To ask the Chancellor of the Exchequer pursuant to the Answer of 28 April 2008, Official Report, columns 143-44W, on minimum wage: prosecutions, how many and what proportion of minimum wage enforcement notices have become due in each year since the introduction of the minimum wage, broken down by region. (203861)

To ask the Chancellor of the Exchequer pursuant to the Answer of 28 April 2008, Official Report, columns 143-44W, on minimum wage: prosecutions, what arrangements are in place to check that employers who previously accrued minimum wage arrears are now compliant; and if he will make a statement. (203864)

Her Majesty’s Revenue and Customs periodically conduct reviews of a sample of closed cases where they previously identified arrears. This review involves compliance officers revisiting employers to ensure that they are continuing to pay the minimum wage and have implemented any advice that HMRC provided in respect of record keeping.

To ask the Chancellor of the Exchequer pursuant to the Answer of 28 April 2008, Official Report, columns 143-44W, on minimum wage: prosecutions, how many employers have had a case relating to minimum wage arrears heard before an employment tribunal in each year since the minimum wage was introduced; and how many of these appeals were successfully upheld. (203865)

The following table provides information about the employment tribunal cases involving HMRC (formerly Inland Revenue) enforcing the minimum wage. The cases include both employer appeals against enforcement notices and other cases taken by HMRC. There would also have been other employment tribunal cases concerning minimum wage that went forward without HMRC involvement.

Cases before an employment tribunal involving HMRC

Successful employer appeals

1999-2000

12

0

2000-01

26

0

2001-02

27

10

2002-03

24

2

2003-04

7

2

2004-05

8

2

2005-06

9

2

2006-07

7

4

2007-08

10

2

In recent years, where an enforcement notice has not been appealed or complied with, HMRC have sought arrears through county court action, rather than through the employment tribunal.

To ask the Chancellor of the Exchequer pursuant to the answer of 28 April 2008, Official Report, columns 143-44W, on minimum wage: prosecutions, how many employers have been recorded as having (a) obstructed minimum wage compliance officers and (b) failed to produce required records in each year since the minimum wage was introduced, broken down by region. (203867)

HMRC does not keep statistics on the number of employers who have obstructed their compliance officers or failed to produce records. 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 2008 there has been a successful prosecution of an employer in the East Midlands for failing to produce records.