276 Notices of Underpayment have been issued by HMRC since 1 October 2013 where the investigation started on or after that date. All of these cases will be considered for naming under the revised BIS naming scheme. We have already named 92 employers under the new scheme and we will name more soon.
After the Notice of Underpayment is issued, employers have 28 days to pay back the arrears they owe and the penalty, or they can lodge an appeal against the NOU. HMRC then issue a case closure letter. From the date of that letter, the employer has 14 days to make a representation to BIS as to why they should not be named.
Any worker who is concerned that they have not been paid the minimum wage should call the Pay and Work Rights Helpline on 0800 917 2368.