3. What to do if there is a breach of the NMW

Both current and former employees have the right to claim back pay under National Minimum Wage legislation if the NMW has been underpaid.

This not only means that former employees can claim their entitlement but that HM Revenue & Customs (HMRC), the enforcing authority, has the right to enforce action in past cases involving former workers. This chapter covers what workers or their representatives should do if they suspect underpayment of the NMW.