Employer paying less than minimum wage is prosecuted

An optician has been fined over £3,000 after paying staff up to 40% less than they were entitled to under the minimum wage. Had staff realised they could have seeked employment legal advice and forced the issue earlier.

Benjamin Gains, who owns two optician premises in Liverpool pleaded guilty to failing to pay four workers the National Minimum Wage (NMW). He tried to hide this by falsifying employee information and not giving the appropriate documents to HM Revenue & Customs. He offered to pay the staff the money he owned them if HMRC dropped its case against him.

Mike O’Grady of HMRC Criminal Investigations said: “This sentencing sends a clear message to employers large or small, that HMRC will actively pursue those whom we suspect of flouting NMW laws. If employers prevent HMRC officers from checking staff records, attempt to alter or falsify pay records and related documents and refuse to comply with the law they could receive a fine and a criminal record.”

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