National Minimum Wage Manual

NMWM15140 - Enforcement and proceedings: action following judgment (decree in Scotland)

Virtually all cases submitted to civil courts for section 114 action (NMWM15100) result in the Department obtaining judgment (decree in Scotland) against the employer for arrears and costs.

If a judgment remains unpaid, the solicitor will act to enforce that judgment. There are a number of methods the solicitor may use to enforce the judgment, such as;

Action	Notes
Request for an enforcement officer, county court bailiff or Sheriff Officer in Scotland to seize and sell the debtor’s goods in order to obtain the funds to satisfy the amount owed.	(This content has been withheld because of exemptions in the Freedom of Information Act 2000)
Obtain a third party debt order to allow the Department to obtain the funds to satisfy the amount owed from third parties who may be holding the employer’s money (such as banks or building societies).	(This content has been withheld because of exemptions in the Freedom of Information Act 2000)
In Scotland, obtain a bank account arrestment resulting in the funds equal to the amount owed being held in the account and not available to be used by the employer.	(This content has been withheld because of exemptions in the Freedom of Information Act 2000)
Obtain a charging order on an employer’s premises to ensure that the amount owed is paid out of any sale of the property.	(This content has been withheld because of exemptions in the Freedom of Information Act 2000)
Obtain an attachment of earnings order (wages arrestment in Scotland) for the employer to pay instalments towards the amount owed from their earnings.	(This content has been withheld because of exemptions in the Freedom of Information Act 2000)
Seek bankruptcy or insolvency action.	(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)

The solicitor will be responsible for selecting the method of enforcement. Occasionally, the solicitor may seek further instructions from the NMW Technical Team and possibly contact NMW Operations to explore the options available and to make inquiries regarding assets, addresses and bank accounts etc.

(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)