Changes to National Minimum Wage Enforcement under TUPE – Where does liability now lie?

The National Minimum Wage is enforced by the HMRC and the enforcement measures available to it include service of notices of underpayment, civil penalties, “naming and shaming”, recovery of underpayments through tribunals or civil courts and criminal prosecution.

Where there has been a TUPE transfer of staff from one employer to another, these liabilities used to lie with former employer. Since 2 July 2018, however, HMRC has changed its approach in this regard. Where TUPE applies, all National Minimum Wage liabilities including full penalty amount are now applied to the new employer.

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CONTACT CHRIS

If you would like more information or advice relating to this article or an Employment law matter, please do not hesitate to contact Chris Cook on 01727 798098.

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Every care is taken in the preparation of our articles. However, no responsibility can be accepted to any person who acts on the basis of information contained in them alone. You are recommended to obtain specific advice in respect of individual cases.