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Chapter NMWM05380

Cited in Related
Vincent
Published date16 April 2016
Record NumberNMWM05380
CourtHM Revenue & Customs

When investigating national minimum wage cases NMW Officers need to confirm that the worker and employer have not entered into a settlement agreement which includes a negotiated settlement which will impact the national minimum wage position.

The following action should be taken in every case:

  • When a complainant is first contacted, ask whether they are currently involved in conciliation action to settle an employment related dispute with their employer or whether there has been any earlier dispute, which led to a negotiated settlement. Obtain a copy of any settlement and send it to the Operational Advisory Team with full details. Continue to work the case as normal unless the complainant is the only worker, in which case suspend further action.
  • Confirm with the employer that he has not entered into a settlement agreement for any workers for whom national minimum wage arrears have been identified and that there are no current disputes. Obtain copies of any settlements and forward them to the Operational Advisory Team with full details.
    • ...

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