NMWM12250 - Records, evidence, powers and offences: offences: criminal offences for National Minimum Wage
Relevant legislation
General
Criminal offences
Relevant legislation
The legislation that applies to this page is as follows:
- National Minimum Wage Act 1998, section 31
- Employment Rights Act 2025, sections 140 and 142
General
It is recognised that the civil powers contained in the relevant legislation will be sufficient in the great majority of cases. However, for a small minority of non-compliant and uncooperative employers, criminal investigation may be appropriate.
Criminal offences
Criminal offences for National Minimum Wage are;
- Section 31(1): refusing or wilfully neglecting to pay at least equal to the National Minimum Wage;
- Section 31(2): failing to keep or preserve National Minimum Wage records;
- Section 31(3): making, knowingly causing or allowing the keeping of false records;
- Section 31(4): producing, furnishing or knowingly causing or allowing the production of false records or information;
- Section 140(1): producing or knowingly causing or allowing the production of any information or document, being false in a material respect and the person knows it, or is reckless as to whether it is;
- Section 142(1): intentionally obstructing an enforcement function or, without reasonable excuse, failing to comply with any requirement imposed.
The policy intention (NMWM12260) is for these criminal offences to support the underlying mechanisms for enforcement of the National Minimum Wage. An employer who commits any of the above offences may be liable to criminal prosecution and a fine and/or imprisonment.
The most serious cases can be tried as criminal offences in the Crown Court (High Court in Scotland), where an unlimited fine can be imposed on conviction. In addition, these courts can order the disqualification of a director.