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1132289
star this property registered interest true more like this
star this property date less than 2019-06-14more like thismore than 2019-06-14
star this property answering body
Department for Business, Energy and Industrial Strategy more like this
star this property answering dept id 201 more like this
unstar this property answering dept short name Business, Energy and Industrial Strategy more like this
star this property answering dept sort name Business, Energy and Industrial Strategy more like this
star this property hansard heading Minimum Wage: Enforcement more like this
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Secretary of State for Business, Energy and Industrial Strategy, pursuant to the Answer of 11 June 2019 to Question 261273, what the outcomes of the HMRC investigations that were completed but did not result in employers being found non-compliant were. more like this
star this property tabling member constituency Barnsley East more like this
star this property tabling member printed
Stephanie Peacock remove filter
star this property uin 264793 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2019-06-20more like thismore than 2019-06-20
unstar this property answer text <p>HMRC may open an investigation into an employer’s compliance with National Minimum Wage law either following a worker complaint or via proactive risk-based enforcement activity. Where HMRC find no minimum wage arrears are due, they will not take enforcement action such as issuing a Notice of Underpayment and financial penalty.</p><p> </p><p>Where HMRC find that arrears are due to workers they will generally issue a Notice of Underpayment and financial penalty. In some cases, employers may be allowed to carry out self-correction action which ensures that workers are paid the money due to them without the issue of a Notice of Underpayment. Overall, in 2018/19 HMRC found arrears in 45% of cases they closed; this “strike rate” has increased year-on year since the introduction of the National Living Wage in 2016.</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> more like this
star this property answering member constituency Rochester and Strood remove filter
star this property answering member printed Kelly Tolhurst more like this
star this property question first answered
less than 2019-06-20T09:03:25.187Zmore like thismore than 2019-06-20T09:03:25.187Z
star this property answering member
4487
star this property label Biography information for Kelly Tolhurst more like this
star this property previous answer version
124076
star this property answering member constituency Rochester and Strood more like this
star this property answering member printed Kelly Tolhurst more like this
star this property answering member
4487
star this property label Biography information for Kelly Tolhurst more like this
star this property tabling member
4607
unstar this property label Biography information for Stephanie Peacock more like this
1132535
star this property registered interest false more like this
star this property date less than 2019-06-17more like thismore than 2019-06-17
star this property answering body
Department for Business, Energy and Industrial Strategy more like this
star this property answering dept id 201 more like this
unstar this property answering dept short name Business, Energy and Industrial Strategy more like this
star this property answering dept sort name Business, Energy and Industrial Strategy more like this
star this property hansard heading Minimum Wage more like this
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Secretary of State for Business, Energy and Industrial Strategy, pursuant to the Answer of 17 June 2019 to Question 263213 on Conditions of Employment, whether the employers subject to labour market enforcement undertakings for non-payment of the national minimum wage will be considered for naming when the National Minimum Wage Naming Scheme resumes. more like this
star this property tabling member constituency Barnsley East more like this
star this property tabling member printed
Stephanie Peacock remove filter
star this property uin 265603 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2019-06-20more like thismore than 2019-06-20
unstar this property answer text <p>Enforcement of the National Minimum Wage (NMW) is a priority for the Government. We have more than doubled the budget for NMW compliance and enforcement since 2015, to a record high of £27.4 million. The 2018/19 financial year was a record year for NMW enforcement; HMRC identified £24.4 million in arrears across 3,018 cases – a record number since the introduction of the National Living Wage in 2016.</p><p> </p><p>In line with the published NMW enforcement policy, any employer who have been issued a Notice of Underpayment resulting from a breach of National Minimum Wage law will be considered for naming under the National Minimum Wage Naming Scheme.</p><p> </p><p>This applies regardless of whether the employer is also subject to a Labour Market Enforcement Undertaking or Order.</p> more like this
star this property answering member constituency Rochester and Strood remove filter
star this property answering member printed Kelly Tolhurst more like this
star this property question first answered
less than 2019-06-20T09:03:18.78Zmore like thismore than 2019-06-20T09:03:18.78Z
star this property answering member
4487
star this property label Biography information for Kelly Tolhurst more like this
star this property tabling member
4607
unstar this property label Biography information for Stephanie Peacock more like this
1132290
star this property registered interest true more like this
star this property date less than 2019-06-14more like thismore than 2019-06-14
star this property answering body
Department for Business, Energy and Industrial Strategy more like this
star this property answering dept id 201 more like this
unstar this property answering dept short name Business, Energy and Industrial Strategy more like this
star this property answering dept sort name Business, Energy and Industrial Strategy more like this
star this property hansard heading Minimum Wage: Enforcement more like this
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Secretary of State for Business, Energy and Industrial Strategy, pursuant to the Answer of 10 June 2019 to Question 260713 on Minimum Wage, whether the Director of Labour Market Enforcement recommended that the naming of non-compliant employers be suspended for the duration of the review of the National Minimum Wage Naming Scheme. more like this
star this property tabling member constituency Barnsley East more like this
star this property tabling member printed
Stephanie Peacock remove filter
star this property uin 264794 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2019-06-19more like thismore than 2019-06-19
unstar this property answer text <p>The Government remains committed to enforcing the National Minimum Wage (NMW). We have more than doubled HMRC’s budget for NMW compliance and enforcement since 2015 to £27.4 million for 2019/20.</p><p> </p><p>The Director of Labour Market Enforcement recommended evaluation of the National Minimum Wage Naming Scheme in his 2018/19 Strategy. The Director’s consultation revealed mixed views from stakeholders about naming; some were strongly supportive, whilst others proposed ideas for increasing its effectiveness as a deterrent to underpayment of the minimum wage.</p><p> </p><p>The Government decided to pause the naming of non-compliant employers while we determine what changes are needed to make sure the scheme continues to have resonance and acts as a tool to drive compliance.</p> more like this
star this property answering member constituency Rochester and Strood remove filter
star this property answering member printed Kelly Tolhurst more like this
star this property question first answered
less than 2019-06-19T09:25:45.213Zmore like thismore than 2019-06-19T09:25:45.213Z
star this property answering member
4487
star this property label Biography information for Kelly Tolhurst more like this
star this property tabling member
4607
unstar this property label Biography information for Stephanie Peacock more like this
1131361
star this property registered interest true more like this
star this property date less than 2019-06-11more like thismore than 2019-06-11
star this property answering body
Department for Business, Energy and Industrial Strategy more like this
star this property answering dept id 201 more like this
unstar this property answering dept short name Business, Energy and Industrial Strategy more like this
star this property answering dept sort name Business, Energy and Industrial Strategy more like this
star this property hansard heading Minimum Wage more like this
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Secretary of State for Business, Energy and Industrial Strategy, pursuant to the Answer of 10 June 2019 to Question 260713 on Minimum Wage, what further evidence he plans to collate as part of his review of the National Minimum Wage Naming Scheme; and what public consultation he plans to undertake during that review. more like this
star this property tabling member constituency Barnsley East more like this
star this property tabling member printed
Stephanie Peacock remove filter
star this property uin 263217 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2019-06-18more like thismore than 2019-06-18
unstar this property answer text <p>Ministers from the Department for Business Energy and Industrial Strategy take regular advice from the Director of Labour Market Enforcement (DLME), and most recently met with him in October to discuss the Government response to his 2018/19 Labour Market Enforcement Strategy.</p><p> </p><p>The review of the NMW Naming Scheme will draw upon evidence from a wide range of internal and external sources. Officials have discussed the evidence with the DLME and the Government has also sought to learn from other naming schemes and regulatory approaches.</p><p> </p><p>In April 2019 the Government received the report “Non-Compliance and Enforcement of the NMW” from the independent and expert Low Pay Commission. This report summarised consultation responses they had received relating to the operation of the NMW Naming Scheme.</p><p> </p><p>We are in the process of concluding the review and will publish any resulting effects on the operation of the Naming Scheme through the NMW Enforcement policy documents.</p>
star this property answering member constituency Rochester and Strood remove filter
star this property answering member printed Kelly Tolhurst more like this
star this property grouped question UIN 263215 more like this
star this property question first answered
less than 2019-06-18T16:26:02.023Zmore like thismore than 2019-06-18T16:26:02.023Z
star this property answering member
4487
star this property label Biography information for Kelly Tolhurst more like this
star this property tabling member
4607
unstar this property label Biography information for Stephanie Peacock more like this
1131358
star this property registered interest true more like this
star this property date less than 2019-06-11more like thismore than 2019-06-11
star this property answering body
Department for Business, Energy and Industrial Strategy more like this
star this property answering dept id 201 more like this
unstar this property answering dept short name Business, Energy and Industrial Strategy more like this
star this property answering dept sort name Business, Energy and Industrial Strategy more like this
star this property hansard heading Minimum Wage more like this
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Secretary of State for Business, Energy and Industrial Strategy, how many times Ministers of his Department have met the Director of Labour Market Enforcement to discuss the National Minimum Wage Naming Scheme since 6 July 2018. more like this
star this property tabling member constituency Barnsley East more like this
star this property tabling member printed
Stephanie Peacock remove filter
star this property uin 263215 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2019-06-18more like thismore than 2019-06-18
unstar this property answer text <p>Ministers from the Department for Business Energy and Industrial Strategy take regular advice from the Director of Labour Market Enforcement (DLME), and most recently met with him in October to discuss the Government response to his 2018/19 Labour Market Enforcement Strategy.</p><p> </p><p>The review of the NMW Naming Scheme will draw upon evidence from a wide range of internal and external sources. Officials have discussed the evidence with the DLME and the Government has also sought to learn from other naming schemes and regulatory approaches.</p><p> </p><p>In April 2019 the Government received the report “Non-Compliance and Enforcement of the NMW” from the independent and expert Low Pay Commission. This report summarised consultation responses they had received relating to the operation of the NMW Naming Scheme.</p><p> </p><p>We are in the process of concluding the review and will publish any resulting effects on the operation of the Naming Scheme through the NMW Enforcement policy documents.</p>
star this property answering member constituency Rochester and Strood remove filter
star this property answering member printed Kelly Tolhurst more like this
star this property grouped question UIN 263217 more like this
star this property question first answered
less than 2019-06-18T16:26:01.977Zmore like thismore than 2019-06-18T16:26:01.977Z
star this property answering member
4487
star this property label Biography information for Kelly Tolhurst more like this
star this property tabling member
4607
unstar this property label Biography information for Stephanie Peacock more like this
1131866
star this property registered interest true more like this
star this property date less than 2019-06-12more like thismore than 2019-06-12
star this property answering body
Department for Business, Energy and Industrial Strategy more like this
star this property answering dept id 201 more like this
unstar this property answering dept short name Business, Energy and Industrial Strategy more like this
star this property answering dept sort name Business, Energy and Industrial Strategy more like this
star this property hansard heading Labour Market more like this
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Secretary of State for Business, Energy and Industrial Strategy, pursuant to the Answer of 12 June to Question 260712, whether his Department has begun drafting the proposals for consultation on a single labour market enforcement body; how many civil servants will be allocated to work on those proposals; and whether the consultation will open before 22 July 2019. more like this
star this property tabling member constituency Barnsley East more like this
star this property tabling member printed
Stephanie Peacock remove filter
star this property uin 263919 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2019-06-18more like thismore than 2019-06-18
unstar this property answer text <p>Government is committed to improving state enforcement of employment rights as part of the Good Work Plan. Work to develop proposals on the establishment of a single labour market enforcement body is underway and we will publish a consultation in due course.</p><p> </p><p>These proposals are being developed by a number of civil servants, including policy experts, analysts and lawyers in the Department and I will continue to ensure that this work is adequately resourced as the project progresses. Given that this work touches on a wide range of policy areas, we have also received input and support from civil servants across Whitehall and from the existing enforcement bodies.</p> more like this
star this property answering member constituency Rochester and Strood remove filter
star this property answering member printed Kelly Tolhurst more like this
star this property question first answered
less than 2019-06-18T14:11:11.74Zmore like thismore than 2019-06-18T14:11:11.74Z
star this property answering member
4487
star this property label Biography information for Kelly Tolhurst more like this
star this property previous answer version
123459
star this property answering member constituency Rochester and Strood more like this
star this property answering member printed Kelly Tolhurst more like this
star this property answering member
4487
star this property label Biography information for Kelly Tolhurst more like this
star this property tabling member
4607
unstar this property label Biography information for Stephanie Peacock more like this
1131359
star this property registered interest true more like this
star this property date less than 2019-06-11more like thismore than 2019-06-11
star this property answering body
Department for Business, Energy and Industrial Strategy more like this
star this property answering dept id 201 more like this
unstar this property answering dept short name Business, Energy and Industrial Strategy more like this
star this property answering dept sort name Business, Energy and Industrial Strategy more like this
star this property hansard heading Minimum Wage more like this
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Secretary of State for Business, Energy and Industrial Strategy, pursuant to the Answer of 10 June 2019 to Question 260713 on Minimum Wage, when the Government resumes naming employers found underpaying the National Minimum Wage, whether they will name all employers who have been found to be underpaying since the last naming round on 6 July 2018. more like this
star this property tabling member constituency Barnsley East more like this
star this property tabling member printed
Stephanie Peacock remove filter
star this property uin 263216 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2019-06-17more like thismore than 2019-06-17
unstar this property answer text <p>Enforcement of the National Minimum and National Living Wage (NMW) is a priority for the Government. We remain committed to naming employers who break the law. The review of the NMW Naming Scheme will be concluded during the summer and will be communicated through changes to our published NMW Enforcement policy documents.</p><p> </p><p>HM Revenue and Customs’ NMW team continues to collate cases to be passed to the Department for Business, Energy and Industrial Strategy for consideration under the NMW Naming Scheme.</p><p> </p><p>When naming resumes, all cases which have closed since publication of the previous naming round will be considered for naming in line with the published policy.</p> more like this
star this property answering member constituency Rochester and Strood remove filter
star this property answering member printed Kelly Tolhurst more like this
star this property question first answered
less than 2019-06-17T09:57:35.187Zmore like thismore than 2019-06-17T09:57:35.187Z
star this property answering member
4487
star this property label Biography information for Kelly Tolhurst more like this
star this property tabling member
4607
unstar this property label Biography information for Stephanie Peacock more like this
1131353
star this property registered interest true more like this
star this property date less than 2019-06-11more like thismore than 2019-06-11
star this property answering body
Department for Business, Energy and Industrial Strategy more like this
star this property answering dept id 201 more like this
unstar this property answering dept short name Business, Energy and Industrial Strategy more like this
star this property answering dept sort name Business, Energy and Industrial Strategy more like this
star this property hansard heading Minimum Wage more like this
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Secretary of State for Business, Energy and Industrial Strategy, pursuant to the Answer of 10 June 2019 to Question 260713 on Minimum Wage, how many employers were (a) found to be non-compliant with the National Minimum Wage, (b) prosecuted for non-compliance with the National Minimum Wage, (c) subject to labour market enforcement undertakings or orders in relation to non-compliance with the National Minimum Wage and (d) named under the National Minimum Wage Naming Scheme in 2018-19. more like this
star this property tabling member constituency Barnsley East more like this
star this property tabling member printed
Stephanie Peacock remove filter
star this property uin 263214 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2019-06-17more like thismore than 2019-06-17
unstar this property answer text <p>The Government is clear that National Minimum Wage (NMW) enforcement is a priority and we take tough action against the minority of employers who underpay. We have more than doubled the budget for NMW compliance and enforcement since 2015, to a record high of £27.4 million. The 2018/19 financial year was a record year for NMW enforcement; HMRC identified £24.4 million in arrears across 3,018 cases – a record number since the introduction of the National Living Wage in 2016.</p><p> </p><p>HMRC issued seven labour market undertakings in 2018/19 and there are currently seven cases at various stages of the criminal investigation process. We strike a careful balance with our enforcement; working with and educating employers to make sure they pay their workers correctly whilst tackling the most serious cases of wilful non-compliance. Prosecution is reserved for the most egregious breaches of minimum wage law and, in most cases, it is not the best approach to help workers. Criminal sanctions against companies can mean that workers end up waiting considerably longer for their lost earnings to be repaid.</p><p> </p><p>In 2018/19 the Government named 239 employers as part of the NMW Naming Scheme, covering over £1.4 million in arrears for 22,361 workers. The scheme is currently under review to ensure that it best fulfils its purpose, and we will conclude this work during the summer.</p>
star this property answering member constituency Rochester and Strood remove filter
star this property answering member printed Kelly Tolhurst more like this
star this property question first answered
less than 2019-06-17T09:57:26.563Zmore like thismore than 2019-06-17T09:57:26.563Z
star this property answering member
4487
star this property label Biography information for Kelly Tolhurst more like this
star this property tabling member
4607
unstar this property label Biography information for Stephanie Peacock more like this
1131387
star this property registered interest true more like this
star this property date less than 2019-06-11more like thismore than 2019-06-11
star this property answering body
Department for Business, Energy and Industrial Strategy more like this
star this property answering dept id 201 more like this
unstar this property answering dept short name Business, Energy and Industrial Strategy more like this
star this property answering dept sort name Business, Energy and Industrial Strategy more like this
star this property hansard heading Conditions of Employment more like this
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property 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. more like this
star this property tabling member constituency Barnsley East more like this
star this property tabling member printed
Stephanie Peacock remove filter
star this property uin 263218 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2019-06-17more like thismore than 2019-06-17
unstar this property 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>
star this property answering member constituency Rochester and Strood remove filter
star this property answering member printed Kelly Tolhurst more like this
star this property grouped question UIN 263213 more like this
star this property question first answered
less than 2019-06-17T09:57:18.42Zmore like thismore than 2019-06-17T09:57:18.42Z
star this property answering member
4487
star this property label Biography information for Kelly Tolhurst more like this
star this property tabling member
4607
unstar this property label Biography information for Stephanie Peacock more like this
1131347
star this property registered interest true more like this
star this property date less than 2019-06-11more like thismore than 2019-06-11
star this property answering body
Department for Business, Energy and Industrial Strategy more like this
star this property answering dept id 201 more like this
unstar this property answering dept short name Business, Energy and Industrial Strategy more like this
star this property answering dept sort name Business, Energy and Industrial Strategy more like this
star this property hansard heading Conditions of Employment more like this
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property 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. more like this
star this property tabling member constituency Barnsley East more like this
star this property tabling member printed
Stephanie Peacock remove filter
star this property uin 263213 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2019-06-17more like thismore than 2019-06-17
unstar this property 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>
star this property answering member constituency Rochester and Strood remove filter
star this property answering member printed Kelly Tolhurst more like this
star this property grouped question UIN 263218 more like this
star this property question first answered
less than 2019-06-17T09:57:18.343Zmore like thismore than 2019-06-17T09:57:18.343Z
star this property answering member
4487
star this property label Biography information for Kelly Tolhurst more like this
star this property tabling member
4607
unstar this property label Biography information for Stephanie Peacock more like this