I am writing to inform the House of changes to national minimum wage enforcement. We want to make it as easy as possible for businesses particularly small and medium sized enterprises to comply with the law, whilst ensuring that workers get the wages that they are entitled to, and if they don’t, we will continue to crack down on companies that underpay their workers.
Last year, we consulted on specific aspects of the national minimum wage regulations (salaried hours and salary sacrifice). Following this consultation, we are making technical changes to the national minimum wage regulations. These changes will address areas of the regulations that are tripping up employers, without reducing worker protections. Businesses are supportive of these technical changes.
Salaried workers must be paid an annual salary for working a particular number of hours over the course of a year and paid in equal instalments. Changes to the regulations will widen the range of pay arrangements that are compatible with workers being treated as salaried hours workers to increase flexibility for the worker and employers, including:
increasing the range of compatible payment cycles to salaried hours workers, such as every two weeks or four weeks—currently only monthly or weekly payment cycles are compatible;
making premium payments to salaried hours workers compatible—such as for working on bank holidays—including where a salaried hours worker’s contract specifies a premium pay arrangement; and
enabling employers to specify the “calculation year” for their salaried workers, the reference point to identify when in a year a worker’s basic annual hours, for which they receive their salary, are exceeded.
The Government will also continue to name employers who fail to pay the national minimum wage, following a review of the scheme. We are making the public naming scheme more effective. We are increasing the frequency of naming those companies who underpay, and from now on, the threshold for naming employers who do not pay national minimum wage will rise to £500, meaning that any firm which owes arrears of more than £500 in national minimum wage payments to its workforce will be named. Whilst still tough on business, this will ensure that those that underpay by a minimal amount can set things right and correct their mistakes.
We recognise that there is a need to educate employers and support them to comply before enforcement action becomes necessary. To achieve this, future naming rounds will be supported by a quarterly educational bulletin to highlight details of common compliance issues, including anonymised case studies demonstrating how employers can become compliant. To better contextualise the relative severity of breaches we will publish additional information wherever possible.