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1180066

registered interest
date	24/02/2020
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	Unpaid Work
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 24 February 2020 to Question 1951, whether his Department's definition of unpaid working time includes unpaid work trials.
tabling member constituency	Glasgow South
tabling member printed	Stewart Malcolm McDonald
uin	20014
answer	answer is ministerial correction date of answer 27/02/2020 answer text <p>The Government is clear that anyone entitled to be paid the National Minimum Wage (NMW) or National Living Wage (NLW) should receive it. We are committed to cracking down on employers who fail to pay the NMW/NLW.</p><p> </p><p>It is important to ensure that all working time is considered for minimum wage purposes. Employers are responsible for recognising and recording all working time for their workers. However, not all time constitutes working time. Government guidance entitled Calculating the Minimum Wage provides further information.</p><p> </p><p>A work trial that it is for recruitment purposes and that it is reasonable and not of excessive duration would probably not constitute “work” under a worker’s contract. An unpaid trial lasting more than one day is probably illegal in all but exceptional circumstances and would therefore entitle the individual to be paid at least the minimum wage.</p> answering member constituency Sutton and Cheam answering member printed Paul Scully question first answered 27/02/2020 09:30:55 answering member 4414 label Biography information for Paul Scully
tabling member	4461 label Biography information for Stewart Malcolm McDonald

1178374

registered interest
date	13/02/2020
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	Unpaid Work: 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, if he will make it his policy to (a) record and (b) name businesses that breach national minimum wage rules as a result of unpaid work trials.
tabling member constituency	Glasgow South
tabling member printed	Stewart Malcolm McDonald
uin	1951
answer	answer is ministerial correction date of answer 24/02/2020 answer text <p>The Government is clear that anyone entitled to be paid the National Minimum Wage (NMW) or National Living Wage (NLW) should receive it. We are committed to cracking down on employers who fail to pay the NMW/NLW.</p><p> </p><p>The current law makes clear that anyone who carries out “work” for an employer is entitled to the NMW/NLW. Where HMRC enforcement officers identify that there has been an underpayment, including for breaches related to unpaid working time, they may issue a Notice of Underpayment instructing the employer to pay the workers the arrears they are owed, and a penalty of up to 200% of those arrears.</p><p> </p><p>In cases where the total arrears are over £500, the Government considers publicly naming the employer via the NMW Naming Scheme. We publicly name in most eligible cases (almost 95%), and exemption from naming is only granted in the very limited circumstances set out in the NMW enforcement policy document on gov.uk.</p> answering member constituency Sutton and Cheam answering member printed Paul Scully question first answered 24/02/2020 14:50:55 answering member 4414 label Biography information for Paul Scully
tabling member	4461 label Biography information for Stewart Malcolm McDonald