After notice of underpayment issued: dealing with queries or further information from third parties
When further information is provided by a third party (who is not the employer’s agent (NMWM14180)) after a Notice of Underpayment has been issued, it should always be reviewed to see:
- if it alters your view of the arrears on the notice,
- whether it requires further investigation
- whether it needs to be notified or copied to others,
- whether the information should be acknowledged and/or
- whether the sender needs to be provided with advice.
If the notification contains a complaint, notify your People Leader immediately who will consider and arrange to contact the HM Revenue & Customs Complaints Handling Team as appropriate.
If the notification concerns insolvency or administration see NMWM14270
The NMW Officer’s further action depends on whether or not the case is subject to proceedings or an appeal has been made.
Notice Appealed or Civil Proceedings being undertaken
Where the Notice of Underpayment has been appealed or the case has already been submitted for civil proceedings, our Solicitors are responsible for managing the case. You must therefore copy any information or correspondence received to the Operational Advisory Team and our Solicitors immediately and liaise with them about any further action required.
Criminal Proceedings being undertaken or considered
Where the employer is being considered for criminal proceedings you must contact the Operational Advisory Team immediately on receipt of any further information. Do not acknowledge correspondence or take any action unless advised to do so.
Case not subject to Proceedings or an Appeal
The NMW Officer must acknowledge any further information provided by third parties and review it to consider whether:
- it needs further investigation
- it leads them to revise their opinion of the arrears on a notice
- it requires a response to provide appropriate advice and guidance