Record keeping and Enforcement

Employers are legally required to keep certain records in relation to the hours worked by, and the payments made to, workers. This is to demonstrate the NMW has been paid.

Records should be in a single document and include all the information about the pay received by a worker in a particular reference period. The records can be kept on paper or computer.  The records should be kept for 3 years under the Regulations but it is good practice to keep them for 6 years.

There is a presumption that the worker has not been paid the NMW unless the employer can prove to the contrary so records are essential. There are also criminal offences associated with failure to maintain records and falsification of records.

Compliance officers can ask to see records and remove them to take copies. There is also an overriding obligation to assist the compliance officers in their investigations.