Commentary

(3) Failure to produce records

Division BI Pay
| Commentary

(3) Failure to produce records

| Commentary

(3)     Failure to produce records

If the employer fails to produce relevant records under NMWA 1998 s 10 the worker can make a complaint to an employment tribunal (NMWA 1998 s 11(1)). If the employment tribunal finds the complaint well founded it must make a declaration to that effect and must also (there is no discretion here) make an award that the employer pay to the worker a sum equal to 80 times 'the hourly amount of the national minimum wage in force when the award is made' (s 11(2)). This would seem to refer to

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