Penalties for paying below the minimum


Since last April, new penalties have been in force for employers found by HM Revenue & Customs (HMRC) to be paying staff less than the national minimum wage.


Not only may employees now claim back arrears for the underpayment, but employers can also additionally be penalised 50% of what they failed to pay, ranging from a minimum of £100 up to £5,000. Those who comply within two weeks of receiving a notice of underpayment will also receive a 50% reduction in the penalty.


The new penalties coincide with the award of new powers of inspection to HMRC compliance officers, who will now inform the Secretary of State for Work and Pensions of any non-compliance.


It is therefore more important than ever that businesses pay the correct wage, which is currently set at £5.73 an hour for people aged over 22, £4.77 for those under 22, and £3.53 for those between 16 and 17. These rates will increase in October this year.


 

 

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Judith Ellery Head of Employment

 

Bethan Southcombe Solicitor

 

 

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This article summarises the law on issues which we believe may be of interest to your business. It is not a comprehensive review of the subjects and accordingly is published without responsibility for loss occasioned to any person(s) acting or refraining from action as a result of information published. This document is provided for information only and does not constitute legal advice. Professional legal advice should be obtained before taking or refraining from any action as a result of the contents of this document.