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HMRC internal manual

National Minimum Wage Manual

After notice of underpayment issued: confirming delivery and service of a notice of underpayment

It is important to confirm a Notice of Underpayment has been delivered and received so that, if challenged, we can demonstrate to a tribunal or court that it was correctly served.

A Notice of Underpayment and its accompanying correspondence will normally have been sent by 1st class post using the “Recorded Signed For” service (NMWM13280). This provides:

  • proof of posting
  • a signature on delivery
  • online confirmation of delivery

Three working days after the date of posting, you should obtain online confirmation of delivery from the Royal Mail (or other) website and save a screenshot of the confirmation for your records. See NMWM13300 if the notice has not been delivered.

If you are unable to obtain online confirmation of delivery, you should telephone the employer to confirm receipt of the notice. If an employer or other person verbally acknowledges receipt of a Notice of Underpayment, you should establish the full name of the person, their position in relation to the employer’s business and the day the notice was received. Record the time and date of the telephone call and document full details of the conversation for your records.

Retain any letter or fax acknowledging receipt of a Notice of Underpayment for your records.

If other confirmation is held that a notice has been received, for example a note of telephone call from an employer or an appeal, this can be considered sufficient evidence to prove the notice has been served. Ensure you retain a full record of your conversation.

Some teams use a courier service to deliver their notices of underpayment. Where this method is used, the courier should provide a copy of the signed delivery note which should be retained for your records. Where it is possible to check if the notice has been safely delivered on the courier’s website then a screenshot may be retained as evidence of time and date of service.

If it is necessary to deliver a Notice of Underpayment by hand a report of the service should be prepared and retained which includes the full details of the time, date and location of the delivery (NMWM13285).