NMWM15100 - Enforcement and proceedings: enforcement using civil proceedings

Relevant legislation

»Ê¹ÚÌåÓýapp legislation that applies to this page is as follows:

  • National Minimum Wage Act 1998, section 19D

General

If an employer fails to pay workers their arrears as presented on a Notice of Underpayment, then HM Revenue & Customs (NMWM02030) will commence enforcement action on behalf of the workers using the civil courts under section 19D of the National Minimum Wage Act 1998.

»Ê¹ÚÌåÓýapp investigating NMW Officer is usually responsible for initiating civil enforcement (NMWM15110), which generally occurs in two circumstances;

  • »Ê¹ÚÌåÓýapp employer appealed the notice and the arrears outstanding at the end of the appeal process have not been paid (NMWM15080); or
  • »Ê¹ÚÌåÓýapp employer did not appeal the notice and failed to pay the arrears still owed to workers (NMWM14090).