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Warning as employers fined £7m over minimum wage

Solicitor warns small businesses should take note as HMRC is going after those who do not pay staff properly…

Solicitor warns small businesses should take note as HMRC is going after those who do not pay staff properly

As the government names and shames more than 200 companies for failing to pay the NMW, People Management explores the most common breaches and how to avoid them

Why did major firms get caught not paying the national minimum wage?

Solicitor warns small businesses should take note as HMRC is going after those who do not pay staff properly - London Business News | Londonlovesbusiness.com

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Lawyer of the week: Steven Mather

Steven Mather is an extremely experienced yet approachable solicitor who specialises in advising businesses. I’m personable and great for an opinion on legal cases, their impact on smalller businesses/ SMEs and how law interacts with running a business. I help clients buy and sell business so can add value on acquisitions and M&A topics too. I’ve been quoted in The Times, The Mail, The Telegraph, The I & The Guardian amongst others and featured on BBC Radio numerous times for my expertise.

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More than 200 businesses have been called out by the government for not paying workers the correct minimum wage. The brands named by the Department for Business and Trade include WH Smith, Argos and Marks &amp; Spencer, and a total of 202 employers face penalties of almost £7 million. They must also reimburse workers for underpayment, with some breaches going back a decade. Around 63,000 workers were left out of pocket by their employers, according to the department. As a basic figure, the National Minimum Wage is a simple thing; as from 1st April 2023, you pay those on NMW £10.42 an hour.&nbsp; But these businesses, and many small businesses, fall down on a number of areas. 39% of the employers called out by the Government had deducted pay from workers’ wages. For WH Smith, for instance, suggests that the difference was a 'misunderstanding' on its part in respect of uniform.&nbsp; They asked staff to purchase and wear specific coloured trousers, skirts and shoes without reimbursing them for it. And so without reimbursing them, the employees take home pay for the hours worked will be lower than minimum wage.&nbsp; Steven Mather, a Business Lawyer with Nexa Law, says there are several ways that employers typically fall foul of national minimum wage legislation:&nbsp; 1. Believing that all workers are salaried. Employers should identify the category of work being done – salaried, time work, piece work or unmeasured - as each has an impact on the NMW calculation. Don't just assume that their 'salary' is sufficient.&nbsp; 2. Salary Sacrifice Schemes - HMRC consider post-sacrifice pay as what counts for NMW, so if someone is salary sacrificing for say childcare or cycle to work scheme, then the employer must look at their pay after deductions to ensure it still meets NMW.&nbsp; 3. Other deductions. Making deductions from wages for things that an employee has brought from you, eg for uniforms or tools or other employee benefits schemes, all reduce take-home pay and need to be considered for NMW purposes. 4. Apprenticeships pay - employers must note it increases when they turn 19 and are in their second year, they don't get the apprenticeship rate they get normal NMW.&nbsp; With HMRC receiving £7m in penalities, it is certainly a good time to review your employment practices to see if you are genuinely paying National Minimum Wage or whether you might fall foul.<blockquote>Small business owners should sit up and pay attention on national minimum wage. £7m of penalties handed out to 200 large employers is likely to be the tip of the iceberg.</blockquote>

More than 200 employers failed to pay minimum wage

Last week, more than 200 businesses<a href="https://www.gov.uk/government/news/more-than-200-companies-named-for-not-paying-staff-minimum-wage"> were identified by the government</a> for not paying workers the correct minimum wage, with penalties of almost £7 million handed out by the Department for Business &amp; Trade. They included major brands such as WH Smith, Argos and Marks &amp; Spencer.Following this, Steven Mather, a business lawyer with Nexa Law, says this is “likely the tip of the iceberg” and small businesses should take note. Mather says there are four key areas where employers typically fall foul of National Minimum Wage legislation, and has advised companies to look at their processes to ensure they are compliant. They are: &nbsp;<ol><li>Believing that all workers are salaried. Employers should identify the category of work being done — salaried, time work, piece work or unmeasured — as each has an impact on the NMW calculation. Don't just assume that a person's 'salary' is sufficient.</li><li>Salary Sacrifice Schemes - HMRC consider post-sacrifice pay as what counts for NMW, so if someone is salary sacrificing for, say, childcare or a cycle to work scheme, then the employer must look at their pay after deductions to ensure it still meets the NMW.</li><li>Other deductions. Making deductions from wages for things that an employee has brought from you, e.g. for uniforms or tools or other employee benefits schemes, all reduce take-home pay and need to be considered for NMW purposes.</li><li>Apprenticeships pay. Employers must remember it increases when apprentices turn 19 and are in their second year — they no longer get the apprenticeship rate, they get normal NMW.&nbsp;</li></ol>Steven Mather, a business lawyer with Nexa Law, commented:“With HMRC recently receiving £7m in penalties, it is certainly a good time to review your employment practices to see if you are genuinely paying the National Minimum Wage or whether you might fall foul. If major brands can get it wrong, it is highly likely many small businesses are, too. The 200 plus firms fined are almost certainly the tip of the iceberg. If in doubt, and to avoid an unwelcome letter from HMRC, seek advice from a professional.”

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