Question to the Department for Business, Energy and Industrial Strategy:

To ask the Secretary of State for Business, Energy and Industrial Strategy, pursuant to the Answer of 11 June 2019 to Question 261273, what the outcomes of the HMRC investigations that were completed but did not result in employers being found non-compliant were.

HMRC may open an investigation into an employer’s compliance with National Minimum Wage law either following a worker complaint or via proactive risk-based enforcement activity. Where HMRC find no minimum wage arrears are due, they will not take enforcement action such as issuing a Notice of Underpayment and financial penalty.

Where HMRC find that arrears are due to workers they will generally issue a Notice of Underpayment and financial penalty. In some cases, employers may be allowed to carry out self-correction action which ensures that workers are paid the money due to them without the issue of a Notice of Underpayment. Overall, in 2018/19 HMRC found arrears in 45% of cases they closed; this “strike rate” has increased year-on year since the introduction of the National Living Wage in 2016.

This information will be covered in more detail in BEIS’ Minimum Wage Enforcement and Compliance report, which we will publish in due course.