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A second Commencement Order has been made to bring the remaining provisions of the Employment Act 2008 into force on 6 April 2009, as follows:

  • section 8 – new calculation arrangements for National Minimum Wage (NMW) arrears
  • section 9 – underpayment notices, with automatic penalties, replace enforcement notices for payments made below the NMW
  • section 11 – provision to make NMW offences triable on indictment before a jury
  • section 12 – additional powers for HMRC officers to investigate NMW offences
  • section 18 – powers to enable NMW-related information gathered by HMRC officers to be shared with other government departments
  • section 19 – trade unions permitted to apply membership rules that prohibit members of particular political parties from membership of the trade union.

Further information:
The Employment Act 2008 (Commencement No. 2, Transitional Provisions and Savings) Order 2009


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Written by Ian Congreave -

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