The Government has announced that it will be introducing a new NMW naming scheme in October making it easier for employers who are in breach of NMW legislation to be named.

Under the revised scheme any employer who has been issued with a Notice of Underpayment by HMRC can potentially be named.

Employers have 28 days to appeal against a Notice of Underpayment. If the employer does not appeal or unsuccessfully appeals, BIS will consider them for naming. The employer will then have 14 days to make representations to BIS outlining whether they meet any of the following criteria:

  • naming the employer carries a risk of personal harm to an individual or their family;
  • there are national security risks associated with naming the employer; or
  • there are other factors which suggest that it will not be in the public interest to name the employer.

BIS will then, normally within 14 days, inform the employer of any representations. If BIS does not receive any representations or the representations received are unsuccessful, the employer will be named by BIS in a press release.

Full details can be found here.