As mentioned in the title, the National Minimum Wage is the minimum pay per hour almost all workers are entitled to. It doesn’t matter how small your company is, you still have to legally pay the correct minimum wage to your employees. If your employee is over the age of 25 ( pre-April 2021) or 23 ( post-April 2021) they are instead entitled to the National Living wage rate.
Your employees are entitled to the correct rate or NMW or NLW even if they are:
The cost of underpaying your employees can be detrimental to your reputation and affect your business financially.
Employers that fail to pay workers at least the National Minimum Wage must pay back any underpayments owed to the employee. There is also a large fine of up to 200% of arrears capped at £20,000 per worker which is paid to the government.
For example, you may have seen that recently a number of well-known organisations have been named and shamed publicly for National Minimum Wage failures, and this has led to a number of unwelcome fines and damage to their reputation publicly.
As an employer, you are under a legal obligation to ensure that your workers are paid at least the National Minimum wage or National Living Wage. However, we know there are a number of common mistakes many businesses make regularly leading to underpayments.
A deduction, or payment from a worker to an employer, becomes a minimum wage issue when it risks reducing the worker’s pay below their minimum legal entitlement. If a transaction reduces a worker’s minimum wage, it will be investigated to find out if the employer is underpaying the employee.
Employers can only make a deduction in specific situations and they must follow your employment contract terms.
Your employer is not allowed to make a deduction from your pay or wages unless:
A deduction must not reduce your pay below the National Minimum Wage rate (except a limited amount for accommodation). This applies even if you have given your permission for it.
It does not matter whether or not:
For example, if you provide transport for your workers at a loss, any deduction you make from wages for providing it helps to reduce your loss.
The amount you gain by making the deductions is for your own use and benefit. It is important that your company factors in any additional costs for employees working arrangements to avoid taking this from their wages.
The national minimum wage is worked out at an hourly rate, but it applies to all eligible workers even if they are not paid hourly. This means that you still need to work out every employee's equivalent hourly rate to ensure they are getting at least the minimum wage.
For example, if you call a time worker into the office to help with an urgent order, but the delivery is delayed. Whilst that worker is in the office and available to work you must pay them at least the minimum wage rate for the time.
However, if the worker is at home waiting for you to call them to the office. You do not have to pay them the minimum wage for the time they are at home.
You can work out the National Minimum Wage for each employee by using an online calculator.
Time spent travelling between home and place of work and back again does not count as working time and the minimum wage is not required. ( unless the employee is working whilst travelling, for example on a laptop on a train)
The periods of travelling which are considered as working time for minimum wage purposes include times when the worker is:
Any rest breaks taken during travelling are treated the same as any other rest breaks and do not count as working time for minimum wage purposes. Therefore, it is important that your company arrange a travel allowance scheme or look into alternative ways you can fund travel expenses for your employees. Furthermore, providing a travel allowance or company car can be a huge benefit for employees to stay at your company.
For salaried hours work, the hours of work that count for minimum wage purposes include:
It is important that employers keep up to date with the annual minimum wage rate increase. This increase depends on the age of the employee and failure to increase their wage accordingly can be a common mistake many employers make.
Some sectors such as the care sector, workers perform sleep-in shifts.
This means that workers:
For time work and salaried hours at work, the NMW regulations expressly require that, in order for the time spent asleep not to be eligible for minimum wage purposes, the employer must provide suitable sleeping facilities. If not provided then the minimum wage must be paid for the entire shift.
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