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Written question asked by Seema Malhotra (Labour) on Thursday, 12 January 2023, in the House of Commons. It was due for an answer on Wednesday, 18 January 2023 (named day). It was answered by Victoria Atkins (Conservative) on Wednesday, 18 January 2023 on behalf of the Treasury.

Minimum Wage: Convictions

Question

To ask the Chancellor of the Exchequer, how many company directors have been convicted of a criminal offence under section 31 of the National Minimum Wage Act 1998 in each of the last 12 years.

Answer

The Government is determined that everyone who is entitled to the National Minimum Wage (NMW) receives it.

HMRC continues to crack down on employers who ignore the law, ensuring that workers receive the wages they are entitled to.

A majority of NMW cases are subject to civil (non-criminal) sanctions, which include penalties of up to 200 per cent of the arrears, and public naming.

Prosecutions are reserved for the most serious offences. They can cause delays in recovering arrears for workers and do not necessarily guarantee payment. The data held by HMRC does not provide further breakdown as to the legal position of the individual who has been convicted of a criminal offence under section 31 of the National Minimum Wage Act 1998.

Full details of criminal prosecutions from 2007/2008 to 2020/2021 are provided as supplementary data (Table 13) to the annual report “National Living Wage and National Minimum Wage: Government evidence on enforcement and compliance, 2021”, published in May 2022. https://www.gov.uk/government/publications/national-living-wage-and-national-minimum-wage-government-evidence-on-enforcement-and-compliance-2021.

Secondary information

Type
Written question
Reference
122149
Session
2022-23
Transferred
Yes
Subjects
Directors Business Convictions Minimum wage
Legislation
National Minimum Wage Act 1998
Contains statistics
Yes
Link
View this Written question on www.parliament.uk