Caroline Lucas – 2014 Parliamentary Question to the Department for Business, Innovation and Skills

The below Parliamentary question was asked by Caroline Lucas on 2014-06-11.

To ask the Secretary of State for Business, Innovation and Skills, how many of the employers issued with a notice of underpayment of the minimum wage by HM Revenue and Customs since 1 October 2013 have been considered for naming and shaming by his Department; how many of those employers have successfully appealed against being named and shamed; how many employers have been named and shamed; and how many cases remain under consideration.

Jenny Willott

Under the revised Naming Scheme the Government will name all employers that have been issued with a Notice of Underpayment (NoU) unless employers meet one of the exceptional criteria or have arrears of £100 or less.

Employers have 28 days to appeal against the NoU. If the employer does not appeal or unsuccessfully appeals against this NoU, BIS will consider them for naming. The employer then has 14 days to make representations to BIS outlining whether they meet any of the very exceptional criteria: naming by BIS carries a risk of personal harm to an individual or their family, or there are national security risks associated with naming, or there are other factors which suggests that it would not be in the public interest to name the employer or company. Of these, the public interest criteria will only apply in very exceptional circumstances. If BIS do not receive any representations or the representations received do not meet the criteria, the employer will be named via a BIS press release.

One employer has made a representation that was successful and four employers have had arrears of under £100. We are unable to release information on how many cases are under consideration.

The Government has already named 30 employers under the revised scheme. Between them they owed workers over £50,000 in arrears and have been charged financial penalties totalling over £24,000.