Question to the Department for Business, Energy and Industrial Strategy:

To ask the Secretary of State for Business, Energy and Industrial Strategy, what steps his Department is taking to ensure that (a) recruitment agencies and (b) job sites do not advertise vacancies that do not comply with minimum wage legislation.

This Government is clear that anyone entitled to be paid the minimum wage should receive it and will take robust enforcement action against employers who do not pay their staff correctly.

The Employment Agencies Act 1973 and its associated regulations are the main pieces of legislation that directly regulate employment agencies and employment businesses, including online recruitment services, which operate within Great Britain. This legislation is enforced by the Employment Agency Standards Inspectorate. It is the responsibility of the agency to check the validity of the adverts before they post them online and that they include the required information.

An individual's entitlement to the minimum wage is not dependent on the rates of pay included in a job advert or job offer that they accepted. Therefore, if an individual is not being paid at least minimum wage when they are entitled to it, they should complain to HMRC using the online form on gov.uk. HMRC consider every complaint they receive and, if they identify underpayment, they will require the employer to repay the arrears to workers and a penalty to government.

HMRC support employers and workers by actively raising awareness of employers’ obligations and workers’ rights relating to the minimum wage. For example, HMRC routinely contact employers who advertise unpaid internships, signposting them to guidance to help ensure they are compliant.