5
Jun/09
0

National Minimum Wage

This year the National Minimum Wage is 10 years old.

From the 6th April 2009 employers will face a penalty if HM Revenue and Customs discover they have failed to pay the National Minimum Wage and workers will be entitled to have arrears of wage repaid to them at the current rate.  These changes have been introduced by The Employment Act 2008.

If HMRC find that there has been an underpayment of the National Minimum Wage in an investigation that is ongoing from the 6th April 2009 they may issue a notice of underpayment requiring the employer to repay arrears to the workers and to pay a financial penalty to the Secretary of State.  Employers will be able to appeal against the notice of underpayment to an Employment Tribunal.

The Employment Act 2008 also makes changes to the way that criminal offences under the National Minimum Wage Act 1998 are investigated and enforced and from the 6th April 2009 the most serious cases will be triable in the Crown Court.  The Act also gives HMRC the power to use search and sieze powers in the Police and Criminal Evidence Act 1984 when investigating criminal offences under the National Minimum Wage Act.

This now means that employers who deliberately fail to pay the minimum wage may face stiffer penalties.

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