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HMRC internal manual

National Minimum Wage Manual

Disclosure of information: NMW Officer ordered to attend a tribunal (no direct HM Revenue & Customs’ involvement)

If a NMW Officer is ordered to attend a Tribunal (NMWM16310), then they must do so and will be legally bound to answer any questions that are put to them.

As soon as a NMW Officer receives an Order to attend and give evidence, or produce documentation, he must notify his People Leader immediately so that appropriate action can be taken. The NMW Officer must then:

  • carefully consider the Order from the Tribunal and determine exactly what directions need to be complied with (NMWM16314). For example, the Tribunal may have asked for documents to be sent to them and/or the other parties by a certain date.
  • Contact NMW Technical Team and fax them the Tribunal’s Order and any other documentation.
  • Confirm their attendance by issuing a suitably worded letter (Word 25KB)
  • In consultation with the People Leader, consider whether a colleague should accompany the NMW Officer to the Tribunal and who that should be.

If the investigating NMW Officer considers that he cannot give any relevant evidence relating to the claim, then they must contact NMW Technical Team immediately. If necessary advice on the matter will be requested from Solicitors who may advise on whether an application should be made to the Tribunal to have the Order set aside.

It is also important that the People Leader and NMW Technical Team are informed whenever further correspondence is received about the hearing. Sometimes, the Tribunal may consider that it would be helpful to invite a NMW Officer to attend a pre-hearing review. It is not compulsory for a witness to attend a pre-hearing review although it may be advisable to do so, if asked, as it may avoid possible attendance as a witness at a full hearing. Oral evidence provided to a pre-hearing review is subject to the same standards as provided to a full hearing (NMWM16316).