Attorney-General written question – answered at on 25 February 2013.
To ask the Attorney-General what the Crown Prosecution Service’s policy is on prosecuting employers who fail to pay the national minimum wage to their employees.
The Secretary of State for Business, Innovation and Skills, Vince Cable, has responsibility for the law, compliance and enforcement policy in relation to the national minimum wage. BIS has appointed Her Majesty’s Revenue and Customs (HMRC) to enforce the national minimum wage on their behalf. The current enforcement policy was published in June 2012.
Where a case is referred following a criminal investigation conducted by HMRC, the Crown Prosecution Service (CPS) decides whether to prosecute applying the tests in the Code for Crown Prosecutors: namely whether there is sufficient evidence to provide a realistic prospect of conviction; and if so, whether prosecution is needed in the public interest. In assessing where the public interest lies, the CPS would expect to consult HMRC and take into account any enforcement policy applied by HMRC among other relevant considerations.
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