2 Franklin Street
Tel: 028 9536 3863
10th March 2021
Our Ref: FOI 1408
Dear Mr Ward-Robb
Your request for information was received on 15th January 2021and was dealt with
under the terms of the Freedom of Information Act 2000. Please be advised that the
Business Services Organisation has now completed its search for the information you
requested with regards to statutory minimum wage.
The BSO can confirm arrears of £1,310.69 was paid to 32 employees due to a delay in
progressing a pay award at that time. This was substantiated by HMRC’s Compliance
team and recorded in a ‘Notice of Underpayment – section 19 of the National Minimum
Wage Act 1998’ dated 23 March 2018.
HMRC calculate penalties based on the amount of arrears paid and the year which
these arrears relate to. The Notice of Underpayment set out the penalty as a
maximum of 200% of the arrears paid ie £2,621.38, or 100% of the arrears if the
penalty was paid by 9 April 2018 ie £1,310.69. The penalty of £1,310.69 was paid by
the Business Services Organisation on 26th March 2018 ie. prior to 9 April 2018.
The Notification of Underpayment received from HMRC on 23 March 2018 highlighted
that this matter was ‘referred to BEIS for consideration under the NMW Naming
scheme.’ All other enquiries were handled by Department of Health press office.
I hope that the information provided assists you. If you are dissatisfied in any way with
the handling of your request, you have the right to request a review. You should do
this as soon as possible or in any case within two months of the date of issue of this
In the event that you require a review to be undertaken, you can do so by writing
Information Governance Manager,
2 Franklin Street,
If, following an internal review, carried out by an independent decision making panel,
you remain dissatisfied in any way with the handling of the request, you may make a
complaint under Section 50 of the Freedom of Information Act, to the Information
Commissioner’s Office and ask that they investigate whether the BSO has complied
with the terms of the Freedom of Information Act.
You can contact Information Commissioner at: Website:
0303 123 1113
Information Commissioner's Office
3rd Floor, 14 Cromac Place
In most circumstances the Information Commissioner will not investigate a complaint
unless an internal review procedure has been carried out. However the Commissioner
has the option to investigate the matter at his discretion.
Acting Chief Executive