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1131347

registered interest
date	11/06/2019
answering body	Department for Business, Energy and Industrial Strategy
answering dept id	201
answering dept short name	Business, Energy and Industrial Strategy
answering dept sort name	Business, Energy and Industrial Strategy
hansard heading	Conditions of Employment
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Business, Energy and Industrial Strategy, pursuant to the Answer of 10 June 2019 to Question 260093, on what dates each labour market enforcement undertaking was applied; to which employers such undertakings were applied; and on the basis of what trigger offence in each case.
tabling member constituency	Barnsley East
tabling member printed	Stephanie Peacock
uin	263213
answer	answer is ministerial correction date of answer 17/06/2019 answer text <p>The Immigration Act 2016 introduced the provision for three labour market enforcement bodies to serve labour market enforcement undertakings (LMEU) and orders (LMEO): the Employment Agency Standards (EAS) Inspectorate, the Gangmasters and Labour Abuse Authority (GLAA) and Her Majesty’s Revenue and Customs – National Minimum Wage Team (HMRC – NMW).</p><p> </p><p>To date, no prosecution has resulted from breaching a labour market enforcement undertaking or order.</p><p> </p><p>Each enforcement body has a different legal framework for the disclosure of information related to LMEUs. Both EAS and HMRC – NMW cannot disclose the name of the employers or the nature of the offences without informed consent from the employers involved as this would be in breach of their respective customer confidentiality clauses. Section 9 of the Employment Agency Act precludes EAS from publishing the name or details of enforcement action without the permission of the employment business or agencies involved. Section 18 of the Commissioners for Revenue and Customs Act (CRCA) 2005 precludes HMRC from disclosing/sharing information about an individual or taxpayer to a third party.</p><p> </p><p>The GLAA routinely discloses the dates and the type of trigger offences for which its LMEUs are served. Whilst the Gangmasters (Licensing) Act 2004 does not preclude the GLAA from disclosing the names of the recipients of LMEUs, the GLAA does not deem appropriate to release their identity. Identity disclosure would defeat the purpose of LMEUs which are a voluntary agreement meant to be a proportionate sanction to encourage compliant behaviour from the recipient.</p><p> </p><p> </p><p>The table below displays the information that could be disclosed by the three enforcement bodies:</p><p> </p><table><tbody><tr><td><p><strong>Enforcement Body</strong></p></td><td><p><strong>Number of LMEU served</strong></p></td><td><p><strong>Date of commencement</strong></p></td><td><p><strong>Trigger offence</strong></p></td></tr><tr><td rowspan="2"><p><strong>EAS</strong></p></td><td><p>4</p></td><td><p>04/04/18</p></td><td><p>Not disclosed</p></td></tr><tr><td><p>1</p></td><td><p>03/04/18</p></td><td><p>Not disclosed</p></td></tr><tr><td rowspan="10"><p><strong>GLAA</strong></p></td><td><p>1</p></td><td><p>20/03/18</p></td><td rowspan="10"><p>All these LMEUs have been issued for trigger offences under section 12 and 13 of the Gangmasters Licensing Act 2004 which respectively refer to acting as an unlicensed gangmaster and using labour supplied by an unlicensed gangmaster.</p></td></tr><tr><td><p>1</p></td><td><p>22/05/18</p></td></tr><tr><td><p>1</p></td><td><p>21/06/18</p></td></tr><tr><td><p>1</p></td><td><p>13/07/18</p></td></tr><tr><td><p>1</p></td><td><p>23/07/18</p></td></tr><tr><td><p>1</p></td><td><p>16/08/18</p></td></tr><tr><td><p>3</p></td><td><p>21/08/18</p></td></tr><tr><td><p>1</p></td><td><p>31/12/18</p></td></tr><tr><td><p>4</p></td><td><p>15/04/19</p></td></tr><tr><td><p>1</p></td><td><p>26/04/19</p></td></tr><tr><td rowspan="8"><p><strong>HMRC - NMW</strong></p></td><td><p>1</p></td><td><p>19/06/18</p></td><td><p>Not disclosed</p></td></tr><tr><td><p>1</p></td><td><p>27/06/18</p></td><td><p>Not disclosed</p></td></tr><tr><td><p>1</p></td><td><p>21/08/18</p></td><td><p>Not disclosed</p></td></tr><tr><td><p>1</p></td><td><p>05/11/18</p></td><td><p>Not disclosed</p></td></tr><tr><td><p>1</p></td><td><p>22/10/18</p></td><td><p>Not disclosed</p></td></tr><tr><td><p>1</p></td><td><p>30/10/18</p></td><td><p>Not disclosed</p></td></tr><tr><td><p>1</p></td><td><p>16/11/18</p></td><td><p>Not disclosed</p></td></tr><tr><td><p>1</p></td><td><p>07/03/19</p></td><td><p>Not disclosed</p></td></tr><tr><td><p> </p></td><td><p>Total: 28</p></td><td><p> </p></td><td><p> </p></td></tr></tbody></table> answering member constituency Rochester and Strood answering member printed Kelly Tolhurst grouped question UIN 263218 question first answered 17/06/2019 09:57:18 answering member 4487 label Biography information for Kelly Tolhurst
tabling member	4607 label Biography information for Stephanie Peacock

1131387

registered interest
date	11/06/2019
answering body	Department for Business, Energy and Industrial Strategy
answering dept id	201
answering dept short name	Business, Energy and Industrial Strategy
answering dept sort name	Business, Energy and Industrial Strategy
hansard heading	Conditions of Employment
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Business, Energy and Industrial Strategy, how many prosecutions there have been for breaching a labour market enforcement undertaking or order in each year since those undertakings and orders came into force.
tabling member constituency	Barnsley East
tabling member printed	Stephanie Peacock
uin	263218
answer	answer is ministerial correction date of answer 17/06/2019 answer text <p>The Immigration Act 2016 introduced the provision for three labour market enforcement bodies to serve labour market enforcement undertakings (LMEU) and orders (LMEO): the Employment Agency Standards (EAS) Inspectorate, the Gangmasters and Labour Abuse Authority (GLAA) and Her Majesty’s Revenue and Customs – National Minimum Wage Team (HMRC – NMW).</p><p> </p><p>To date, no prosecution has resulted from breaching a labour market enforcement undertaking or order.</p><p> </p><p>Each enforcement body has a different legal framework for the disclosure of information related to LMEUs. Both EAS and HMRC – NMW cannot disclose the name of the employers or the nature of the offences without informed consent from the employers involved as this would be in breach of their respective customer confidentiality clauses. Section 9 of the Employment Agency Act precludes EAS from publishing the name or details of enforcement action without the permission of the employment business or agencies involved. Section 18 of the Commissioners for Revenue and Customs Act (CRCA) 2005 precludes HMRC from disclosing/sharing information about an individual or taxpayer to a third party.</p><p> </p><p>The GLAA routinely discloses the dates and the type of trigger offences for which its LMEUs are served. Whilst the Gangmasters (Licensing) Act 2004 does not preclude the GLAA from disclosing the names of the recipients of LMEUs, the GLAA does not deem appropriate to release their identity. Identity disclosure would defeat the purpose of LMEUs which are a voluntary agreement meant to be a proportionate sanction to encourage compliant behaviour from the recipient.</p><p> </p><p> </p><p>The table below displays the information that could be disclosed by the three enforcement bodies:</p><p> </p><table><tbody><tr><td><p><strong>Enforcement Body</strong></p></td><td><p><strong>Number of LMEU served</strong></p></td><td><p><strong>Date of commencement</strong></p></td><td><p><strong>Trigger offence</strong></p></td></tr><tr><td rowspan="2"><p><strong>EAS</strong></p></td><td><p>4</p></td><td><p>04/04/18</p></td><td><p>Not disclosed</p></td></tr><tr><td><p>1</p></td><td><p>03/04/18</p></td><td><p>Not disclosed</p></td></tr><tr><td rowspan="10"><p><strong>GLAA</strong></p></td><td><p>1</p></td><td><p>20/03/18</p></td><td rowspan="10"><p>All these LMEUs have been issued for trigger offences under section 12 and 13 of the Gangmasters Licensing Act 2004 which respectively refer to acting as an unlicensed gangmaster and using labour supplied by an unlicensed gangmaster.</p></td></tr><tr><td><p>1</p></td><td><p>22/05/18</p></td></tr><tr><td><p>1</p></td><td><p>21/06/18</p></td></tr><tr><td><p>1</p></td><td><p>13/07/18</p></td></tr><tr><td><p>1</p></td><td><p>23/07/18</p></td></tr><tr><td><p>1</p></td><td><p>16/08/18</p></td></tr><tr><td><p>3</p></td><td><p>21/08/18</p></td></tr><tr><td><p>1</p></td><td><p>31/12/18</p></td></tr><tr><td><p>4</p></td><td><p>15/04/19</p></td></tr><tr><td><p>1</p></td><td><p>26/04/19</p></td></tr><tr><td rowspan="8"><p><strong>HMRC - NMW</strong></p></td><td><p>1</p></td><td><p>19/06/18</p></td><td><p>Not disclosed</p></td></tr><tr><td><p>1</p></td><td><p>27/06/18</p></td><td><p>Not disclosed</p></td></tr><tr><td><p>1</p></td><td><p>21/08/18</p></td><td><p>Not disclosed</p></td></tr><tr><td><p>1</p></td><td><p>05/11/18</p></td><td><p>Not disclosed</p></td></tr><tr><td><p>1</p></td><td><p>22/10/18</p></td><td><p>Not disclosed</p></td></tr><tr><td><p>1</p></td><td><p>30/10/18</p></td><td><p>Not disclosed</p></td></tr><tr><td><p>1</p></td><td><p>16/11/18</p></td><td><p>Not disclosed</p></td></tr><tr><td><p>1</p></td><td><p>07/03/19</p></td><td><p>Not disclosed</p></td></tr><tr><td><p> </p></td><td><p>Total: 28</p></td><td><p> </p></td><td><p> </p></td></tr></tbody></table> answering member constituency Rochester and Strood answering member printed Kelly Tolhurst grouped question UIN 263213 question first answered 17/06/2019 09:57:18 answering member 4487 label Biography information for Kelly Tolhurst
tabling member	4607 label Biography information for Stephanie Peacock

1130344

registered interest
date	06/06/2019
answering body	Department for Business, Energy and Industrial Strategy
answering dept id	201
answering dept short name	Business, Energy and Industrial Strategy
answering dept sort name	Business, Energy and Industrial Strategy
hansard heading	Minimum Wage: Enforcement
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Business, Energy and Industrial Strategy, what information his Department holds on the (a) underpayment of the national minimum wage by employers, (b) amount of arrears and fines paid by employers for underpayment of the national minimum wage and (c) number of successful prosecutions of employers for underpayment of the national minimum wage for the 2018-19 financial year.
tabling member constituency	Barnsley East
tabling member printed	Stephanie Peacock
uin	261273
answer	answer is ministerial correction date of answer 11/06/2019 answer text <p>The Government is clear that all employers are responsible for paying their staff correctly. Anyone entitled to the Minimum Wage should receive it. We have more than doubled the budget for minimum wage compliance and enforcement since 2015; it is now at a record high of £27.4 million.</p><p> </p><p>Last year was a record year for NMW enforcement. Across the 2018/19 financial year HMRC identified a record £24.4 million in minimum wage arrears, for over 220,000 workers. HMRC completed almost 3,000 investigations; issuing £17 million in financial penalties to over 1,000 non-compliant employers.</p><p> </p><p>Since 2007, 14 employers have been successfully prosecuted for underpaying the Minimum Wage. HMRC issued 7 Labour Market Enforcement Undertakings in the 2018/19 financial year.</p><p> </p><p>This information will be covered in more detail in BEIS’ Minimum Wage Enforcement and Compliance report, which we will publish in due course.</p> answering member constituency Rochester and Strood answering member printed Kelly Tolhurst question first answered 11/06/2019 15:49:03 answering member 4487 label Biography information for Kelly Tolhurst
tabling member	4607 label Biography information for Stephanie Peacock

1130141

registered interest
date	05/06/2019
answering body	Department for Business, Energy and Industrial Strategy
answering dept id	201
answering dept short name	Business, Energy and Industrial Strategy
answering dept sort name	Business, Energy and Industrial Strategy
hansard heading	Minimum Wage
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Business, Energy and Industrial Strategy, pursuant to the oral answer of the Minister for Small Business, Consumers and Corporate Responsibility on 4 June 2019, Official Report, column 53, what the evidential basis is for her statement that in 2019, £118 million has been paid back to more than 220,000 workers who were underpaid the minimum wage.
tabling member constituency	Barnsley East
tabling member printed	Stephanie Peacock
uin	260711
answer	answer is ministerial correction date of answer 13/06/2019 answer text <p>We are committed to taking robust enforcement action to ensure that everyone who is entitled to the National Minimum or Living Wage receives it.</p><p> </p><p>We have more than doubled the budget for minimum wage compliance and enforcement since 2015; it is now at a record high of £27.4 million.</p><p> </p><p>To clarify, since 1999, minimum wage arrears worth over £118 million have been paid to 835,000 workers. In the year 2018/19 alone, £24.4m of wage arrears were identified, owed to more than 220,000 workers.</p><p> </p><p>The transcript error within the Official Report has now been corrected.</p> answering member constituency Rochester and Strood answering member printed Kelly Tolhurst question first answered 13/06/2019 13:05:15 answering member 4487 label Biography information for Kelly Tolhurst previous answer version 121640 answering member constituency Rochester and Strood answering member printed Kelly Tolhurst answering member 4487 label Biography information for Kelly Tolhurst
tabling member	4607 label Biography information for Stephanie Peacock

1130150

registered interest
date	05/06/2019
answering body	Department for Business, Energy and Industrial Strategy
answering dept id	201
answering dept short name	Business, Energy and Industrial Strategy
answering dept sort name	Business, Energy and Industrial Strategy
hansard heading	Labour Market
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Business, Energy and Industrial Strategy, what the timetable is for the public consultation on proposals for a single labour market enforcement body.
tabling member constituency	Barnsley East
tabling member printed	Stephanie Peacock
uin	260712
answer	answer is ministerial correction date of answer 12/06/2019 answer text <p>The Government is committed to creating a labour market that works for everyone. Through the Good Work Plan - the biggest upgrade to workers’ rights in a generation - we set out a number of measures to improve state enforcement of core employment rights. In addition to introducing state enforcement of holiday pay for vulnerable workers, we also committed to expand agency worker protections to cover umbrella companies. In light of this expansion of the State’s role, we will consider the case for a single labour market enforcement body, which would bring together the relevant enforcement functions of the Gangmasters and Labour Abuse Authority, HMRC’s National Minimum Wage team and the Employment Agency Standards Inspectorate. Proposals will be published in due coursefor public consultation.</p> answering member constituency Rochester and Strood answering member printed Kelly Tolhurst question first answered 12/06/2019 14:21:51 answering member 4487 label Biography information for Kelly Tolhurst
tabling member	4607 label Biography information for Stephanie Peacock

1125349

registered interest
date	08/05/2019
answering body	Department for Business, Energy and Industrial Strategy
answering dept id	201
answering dept short name	Business, Energy and Industrial Strategy
answering dept sort name	Business, Energy and Industrial Strategy
hansard heading	Living Wage and Minimum Wage: Non-payment
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Business, Energy and Industrial Strategy, pursuant to the Answer of 7 May 2019 to Question 248059, when the review of the NMW Naming Scheme began; and whether it his policy to suspend naming non-compliant employers until that review has concluded.
tabling member constituency	Barnsley East
tabling member printed	Stephanie Peacock
uin	252048
answer	answer is ministerial correction date of answer 16/05/2019 answer text <p>As announced in the Government response of December 2018, the review of the National Minimum Wage and National Living Wage (NMW) Naming Scheme commenced in response to recommendations made by the Director of Labour Market Enforcement in his 2018/2019 Labour Market Enforcement Strategy. No further naming of employers for NMW breaches will take place until the review has been completed.</p> answering member constituency Rochester and Strood answering member printed Kelly Tolhurst question first answered 16/05/2019 13:39:20 answering member 4487 label Biography information for Kelly Tolhurst previous answer version 117608 answering member constituency Rochester and Strood answering member printed Kelly Tolhurst answering member 4487 label Biography information for Kelly Tolhurst
tabling member	4607 label Biography information for Stephanie Peacock