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HMRC internal manual

Claimant Compliance Manual

From
HM Revenue & Customs
Updated
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Particular aspects: work & hours - employed customers - National Minimum Wage (NMW) section have already reviewed case - NMW operated

If the National Minimum Wage (NMW) section report that the employer has denied failure to operate NMW properly, and they have accepted the employer’s assurances, you will need to challenge the number of hours the customer has stated on the claim.

You should explain to the customer(s) that the number of hours allegedly worked is inconsistent with the amount of wages paid, and that you can only conclude that they have over-stated their hours. If the customer persists in his / her statement, you should write to the employer to re-affirm the number of hours worked, using the standard letter template TCC19 and following the guidance at CCM5500.

If the employer responds stating a lower number of hours, you should settle your examination on the basis of the employer’s statement - cross-reference CCM8230 et seq.

If the employer responds confirming the customer’s statement about hours, you should liase with NMW to agree on the most appropriate action and they may have details of the hours worked in their papers.

If the employer does not respond you should issue a formal information notice for 3r d Party information using the standard letter template TCC20.and following the guidance at CCM5510.