NMWM13210 - Issuing Notices of Underpayment: considering reasonable care for a direction

Relevant legislation
Deciding if the employer has exercised reasonable care
When does the direction apply?
Employer acts on the instructions of an advisor

Relevant legislation

The legislation that applies to this page is as follows:

  • National Minimum Wage Act 1998, section 19A(2) & (3)

Deciding if the employer has exercised reasonable care

When an employer can show they have underpaid the National Minimum Wage by following published government guidance which a NMW Officer determines is incorrect, a penalty will not be imposed in respect of the period of that underpayment under a Secretary of State’s direction (NMWM13200).

(This content has been withheld because of exemptions in the Freedom of Information Act 2000)

(This content has been withheld because of exemptions in the Freedom of Information Act 2000)

(This content has been withheld because of exemptions in the Freedom of Information Act 2000)

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When does the direction apply?

(This content has been withheld because of exemptions in the Freedom of Information Act 2000)

(This content has been withheld because of exemptions in the Freedom of Information Act 2000)

(This content has been withheld because of exemptions in the Freedom of Information Act 2000) NMWM16000(This content has been withheld because of exemptions in the Freedom of Information Act 2000)

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Employer acts on the instructions of an advisor

(This content has been withheld because of exemptions in the Freedom of Information Act 2000)

  • (This content has been withheld because of exemptions in the Freedom of Information Act 2000)
  • (This content has been withheld because of exemptions in the Freedom of Information Act 2000)

(This content has been withheld because of exemptions in the Freedom of Information Act 2000)

(This content has been withheld because of exemptions in the Freedom of Information Act 2000) NMWM16000(This content has been withheld because of exemptions in the Freedom of Information Act 2000)