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HMRC internal manual

National Minimum Wage Manual

Disclosure of information: Employment Agency Standards Inspectorate and the Department of Employment and Learning

Relevant legislation

The legislation that applies to this page is as follows:

  • Employment Act 2008, sections 18(1) and 18(2)
  • National Minimum Wage Act 1998, section 15 (5A)
  • Employment Agencies Act 1973, section 9 (4)

General

Employment Agency Standards Inspectorate is an Executive Agency of Department for Business, Innovation & Skills (NMWM16210).

Section 15(5A) National Minimum Wage Act 1998 allows information obtained by national minimum wage teams to be supplied to officers of the Employment Agency Standards Inspectorate acting for the purposes of the Employment Agencies Act 1973 for any purpose relating to that Act.

Section 9(4) Employment Agencies Act 1973 allows information obtained by officers of the Employment Agency Standards Inspectorate to supply information to an officer acting for the purposes of the National Minimum Wage Act 1998 for any purpose relating to that Act.

The exchange of national minimum wage information with the Employment Agency Standards Inspectorate falls within the role of the Pay and Work Rights Helpline multi issue single point of contact. The identity of the single point of contact is available on the NMW Operations intranet site or via your People Leader.

If an officer from the Employment Agency Standards Inspectorate asks for information, you must pass this request to the nominated single point of contract who will reply. Should you require information from the Employment Agency Standards Inspectorate you should submit your request for the information through the single point of contact.

Similarly, disclosure of information which may be relevant to the Employment Agency Standards Inspectorate should be made to the single point of contact.

Northern Ireland

The Employment Act (Northern Ireland) 2010 amended the National Minimum Wage Act 1998 to allow for exchange between national minimum wage officers and the Department for Employment and Learning (who are responsible for the regulation of employment agencies and businesses in Northern Ireland) in relation to their respective functions.

For NMW Operations the single point of contact for EAS is also the single point of contact for the Department for Employment and Learning to obtain national minimum wage information and for them to pass information to national minimum wage.

If an officer from the Department for Employment and Learning asks you for information, you must pass on the request to the NMW Operations single point of contact who will reply. Should you require information from the Department for Employment and Learning you should submit your request for the information through single point of contact.

Disclosure of information which may be relevant to the Department for Education and Learning should be passed to the single point of contact.