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Is my employer paying me correctly?
The national minimum wage guarantees that every workers is paid a minimum amount for an hour’s work. National minimum wage laws first came into force twenty years ago.
The legislation is enforced by HM Revenue & Customs (HMRC) and employers who get it wrong face big bills, not just in terms of back payments to workers but, also fines of up to £20,000 per worker affected and being “named and shamed” on HMRC’s website.
Unfortunately for employers, national minimum wage legislation is notoriously complex and its easy to mistakenly fall foul of it. HMRC has ruthlessly pursued employers who have technically breached the law – usually through ignorance or misunderstanding of the rules rather than a desire to deliberately underpay workers. Big high street names such as Iceland, Sports Direct and Wagamama have been prosecuted.
Although the government has said it will look to simplify the law in the future, for now the complicated rules remain. Some common areas where employers can breach the law and underpay workers are:
- failing to implement the annual increase in rates in time (this took effect on 1 April, this year)
- filing to move workers from one pay band to another when they have a birthday (for example, once a worker reaches 25 their hourly rate will go up from £7.70 to £8.21)
- failing to recognise that they have to pay for time which is regarded as working time such as time spent waiting to start or finish work (for example, extra time spent queuing to clock off or be searched)
- failing to recognise that some travelling time to and from different places of work must be paid at the NMW rate
- deducting money for a uniform or work equipment which might push income below the NMW
- deducting money as part of a salary sacrifice scheme which pushes income below the NMW (Iceland was fined running a Christmas club scheme where deductions were made straight from salary)
- failing to ensure that NMW is being paid for each “pay reference period” where pay is smoothed out through the year, for example, to deal with seasonal demand
- difficulties around “on-call” or sleeping in time and whether this counts as working time which must be paid for
Check your payslip
From the 6 April, it will be much easier for workers to ensure that they are being paid correctly as employers will be required to give all workers (not just employees) an itemised pay statement. This must include the number of hours worked where pay varies as a consequence of hours worked.
Flexible working arrangements, such as hybrid work, flexitime, and compressed hours, have become increasingly desirable for employees looking to balance work and their personal lives. As of April 6th, 2024, UK employment law has undergone significant updates to empower employees with greater flexibility and control over their work lives.
Every April, the Government reviews and makes changes to employment laws, including a review of financial rates. Below we set out a summary of the proposed changes coming into effect in April and beyond.
Bullying in the workplace is a serious issue for workers (29% of whom will experience workplace bullying at some point1), and for employers (bullying is estimated to cost UK businesses £18 billion a year2 and to contribute to the loss of over 17 million working days each year3).
If you're an employee bringing a claim against your employer in an employment tribunal, you may be wondering who you should call as witnesses. Here are some things to consider when making your decision:
In the modern workplace, fostering a culture of inclusivity and ensuring equal treatment for all employees is a crucial aspect of employment law. Discrimination based on disabilities (which can include mental health conditions) is strictly prohibited in the United Kingdom. This article explores the legal framework in UK employment law that safeguards employees against discrimination and highlights the consequences faced by employers who fail to uphold these important principles.
In an era of heightened data protection awareness and stringent regulations like the General Data Protection Regulation (GDPR), employees play a critical role in safeguarding personal data. This article explores the legal consequences that employees may face in the United Kingdom when implicated in data protection breaches at the workplace.
In recognition of the importance of employee well-being, employers in the UK are increasingly implementing well-being initiatives to support the mental health and overall well-being of their workforce. These initiatives, which can include employee assistance programs (EAPs) and wellness programs, aim to provide support, resources, and interventions that enhance employee well-being. This article explores the legal framework surrounding well-being initiatives in UK employment law and highlights the benefits and considerations for employers when implementing such programs.
Creating a safe and respectful work environment is a fundamental aspect of UK employment law. This article explores the legal obligations placed on employers to address workplace harassment, highlighting the measures they should take to promote a culture of respect and protect their employees' mental health.
In recent years, there has been increasing recognition of the importance of mental health in the workplace. Employment law acknowledges the sensitive nature of mental health disclosures and places obligations on employers to handle such disclosures with care, confidentiality, and without discrimination. This article explores the legal framework surrounding mental health disclosures in the workplace, emphasising the responsibilities employers have in safeguarding employee privacy and ensuring a supportive and inclusive environment.
The General Data Protection Regulation (GDPR) revolutionised the way organisations handle personal data, and for Human Resources (HR) departments in the United Kingdom, compliance is paramount. This article provides a comprehensive exploration of best practices for HR to safeguard employee data and ensure GDPR compliance in the workplace.