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HMRC internal manual

National Minimum Wage Manual

Enforcement & Proceedings: Case management discussion and pre-hearing review

Appeals against a notice of underpayment issued by HM Revenue & Customs (NMWM02030) commonly result in the parties having to attend a final tribunal hearing (NMWM15070).

However, where appropriate, a tribunal may case manage an appeal by arranging a preliminary hearing prior to a final hearing. Preliminary hearings in NMW appeals are rare. The tribunal may, with the consent of the parties have such hearings by telephone without the need for either party to attend. In that situation a solicitor will represent HM Revenue & Customs. In full hearings HMRC are often represented by a barrister (usually referred to as Counsel).

A preliminary hearing may be called so that the Employment Judge can clarify with the respective parties the aspects of the appeal in order to determine how the case may proceed. During the hearing, the Employment Judge will be able to question the approach being taken by each side and consider the required witnesses, the documentation to be produced and the number of days to be allotted for the hearing. The representatives of the appellant and respondent meet before the Employment Judge in private and no witnesses, such as a NMW Officer, will be expected to attend.

The NMW Technical Team is responsible for providing the legal instructions (NMWM15050) to manage appeals, including case management discussions and pre-hearing reviews.