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<p>The government is determined that everyone who is entitled to the National Minimum
and Living Wage (NMW) receives it.</p><p> </p><p>HMRC does not hold separate data
for National Minimum Wage and National Living Wage. As referenced in <a href="https://www.parliament.uk/business/publications/written-questions-answers-statements/written-questions-answers/?page=1&max=20&questiontype=AllQuestions&house=commons%2clords&uin=136268"
target="_blank">UIN 136268</a>, the ‘National Living Wage’ is a rate for workers aged
25 and over which was introduced in April 2016.</p><p> </p><p>HMRC always takes action
to ensure workers receive what they are entitled to. In 2015/16, 958 employers were
identified as paying below the NMW. In 2016/17, 1134 employers were identified as
paying below the NMW, of which two were prosecuted for underpayment of NMW.</p><p>
</p><p>Breaches of NMW legislation are normally a civil matter, consequences for not
complying with paying NMW can include fines of 200% of the arrears and public naming.</p><p>
</p><p>Criminal prosecution is reserved for the most serious non-compliance. The most
serious NMW breaches and cases that form part of wider criminality will be referred
to the Crown Prosecution Service who decide whether to prosecute.</p><p> </p><p> </p>
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