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HMRC internal manual

National Minimum Wage Manual

Disclosure of information: Orders from tribunal (no direct HM Revenue & Customs’ involvement)

Relevant legislation

The legislation that applies to this page is as follows:

  • The Employment Tribunals (Constitution and Rule of Procedure) Regulations 2004
  • The Employment Tribunals (Constitution and Rules of Procedure) (Scotland) Regulations 2001
  • Fair Employment Tribunal (Rules of Procedure) Regulations Northern Ireland 2004


National minimum wage staff may be asked to provide information in connection with a Tribunal hearing where HM Revenue & Customs is not directly involved. This may be where a worker has decided to take their own case to an Employment Tribunal following a partial investigation by a NMW Officer.

Staff should decline any request by a worker or an employer asking them to attend a Tribunal to give evidence. However should staff be summoned by the Tribunal to give evidence they must attend (NMWM16312).

The Tribunal will be trying to obtain sufficient information to assist with their consideration of the case and, unless they are given specific directions by the Tribunal, it will be up to the member of the national minimum wage team called as a witness how they prefer to give their evidence. They may wish to prepare a statement which could be read out or simply answer any questions the Tribunal may have (NMWM16316). They should restrict themselves to giving evidence about their enquiry and should not comment on the evidence of others or the policy intention behind the national minimum wage legislation. Particular care should be taken not to express a view if the investigation was not completed.

The type of information the Tribunal may be looking for may be:

  • the nature of the HM Revenue & Customs’ enquiry,
  • any opinion formed and what it was based on,
  • the technical aspects of the particular case,
  • HM Revenue & Customs (NMWM02030) information (NMWM16314) which may corroborate information supplied by the parties to the tribunal.