NMWM12100 - Records, evidence, powers and offences: evidence: clarifying information provided by workers

Relevant legislation

The legislation that applies to this page is as follows:

• National Minimum Wage Act 1998, section 14

General

When obtaining evidence from workers (NMWM12090) a NMW Officer should always fully consider whether that information is realistic and believable because any inconsistencies can undermine enforcement action and adversely impact on the standing of the NMW Officer before a tribunal or court. Such issues include:

• Is the information provided consistent?

For example, has their version of events changed over time? Has the worker had dealings with other parts of HM Revenue & Customs (NMWM02030) and provided different information to them, such as applications to pay National Insurance contributions as a self-employed person, claims for Tax Credits, etc

• Is the information provided reliable?

For example, if they have reported taking public transport in the course of travelling to/from work or as part of their employment, are the travelling times supported by published timetables relevant to the pay reference period(s) in question?

• Is the information provided credible?

For example, where a worker claims that no breaks or absences occurred, is this believable in their particular circumstances - for example, fitting in with childcare or family commitments? Is it possible for the worker to work all the time being reported, such as taking no annual leave at all during the year or working on public holidays, such as Christmas day?

In cases which may involve litigation, it is generally unwise to rely on the evidence of a worker where there is any doubt concerning their integrity or credibility. In such circumstances the NMW Officer should form their view using corroborating and other evidence over any unreliable testimony.