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HMRC internal manual

National Minimum Wage Manual

Records, Evidence, Powers & Offences: Evidence; what is evidence?

Evidence is that which tends to prove a fact. It is the information that a NMW Officer obtains and considers when forming a view regarding compliance with national minimum wage legislation. The evidence can take the form of any information obtained during the course of an investigation and may be in;

  • written form, such as employer records or copies of correspondence, or
  • oral form, such as obtained by interviewing relevant persons (NMWM12220).

During investigations a NMW Officer may obtain evidence that is conflicting, disputed or incomplete. In these circumstances it is necessary for them to evaluate all the evidence and decide which parts are accepted and which to reject, applying best judgment (NMWM12170) where appropriate. It is important to record the reasons why each piece of evidence is accepted or rejected (NMWM12180).

When considering evidence a NMW Officer has to consider both;

  • Relevance: this is the extent to which it is related to the point at issue, and
  • Weight: this is the extent of its persuasive power.

Clearly, where evidence is considered to be of little or no relevance it will not require further consideration for its weight.