In light of recent media concerns regarding how HMRC are enforcing non-compliance with NMW rules on sleep ins, Colin Angel, Policy and Campaigns Director...
Our experienced team of employment-law solicitors offer support and advice to organisations on all aspects of National Minimum Wage and National Living Wage compliance.
The rules surrounding National Minimum Wage and National Living Wage are complex and are underpinned by complicated legislation. We will work in partnership with you to ensure that you are in compliance with National Minimum Wage and National Living Wage laws and help you to resolve challenges in relation to funding issues.
The National Minimum Wage was introduced on 1st April 1999 to ensure that eligible employees of school-leaving age are paid a minimum hourly rate of pay which varies depending on their age. The National Minimum Wage is reviewed yearly by the Government, who are advised by the independent body Low Pay Commission.
As of 1st April 2016 employees aged 25 and over are now eligible for National Living Wage and, those under the age of 25, although not eligible for National Living Wage will still be covered by National Minimum Wage. Employers have a responsibility to their employees and to be compliant with employment laws to ensure they are meeting the National Minimum Wage and National Living Wage rates of pay.
Failure to comply with National Minimum Wage Regulations and National Living Wage can result in organisations being issued with Notice of Underpayment, penalties and can result in criminal sanctions. These can have a lasting and damaging effect on the reputation of the organisation.
Our National Minimum Wage and National Living Wage service
One of the biggest issues faced by our clients operating in the health and social care sector is identifying when National Minimum Wage and National Living Wage is applicable. Due to the nature of the sector, and the various shift patterns, working arrangements such as live in care, sleep-ins and mobile working that employees undertake, issues surrounding National Minimum Wage and National Living Wage compliance include:
- Establishing how often an employee is paid.
- How many of the hours that an’ employees works are are eligible for National Minimum Wage.
- Different hourly rates for applying for day shifts, night shifts and weekend work.
- Whether allowance payments count towards National Minimum Wage and National Living Wage.
- What time counts as working time - do training time, study time and travel time count?
- Is time that workers spend sleeping work time? Rules around night time working for workers who are working when they are asleep.
At Anthony Collins Solicitors, our specialist employment solicitors have extensive legal and sector knowledge to support our clients with all aspects of National Minimum Wage and National Living Wage law, including:
- Support in preparing for and dealing with HMRC inspections. Ensuring compliance with National Minimum Wage and National Living Wage law and clarify arrangements with HMRC.
- Managing the risk of non-compliance.
- Assessing risk areas and developing strategy to manage risk.
- Supporting organisations to manage and resolve internal concerns from workers.
- Providing clear and practical advice for organisations and their employees to help them understand the complex rules surrounding National Minimum Wage and National Living Wage and to draft contract documentation accordingly.
The advice provided by Anthony Collins Solicitors on the issue of payments for employees sleeping in at services has been exemplary. The guidance we have received has covered the strategic implications of conflicting regulations and Tribunal decisions as well as individual case work. The sleep-in issue has been one of the biggest strategic and financial risks facing the social care sector and the advice provided by Anthony Collins Solicitors has enabled us to steer through this complex and challenging area.Stella Cheetham, Group Director of People and Organisational Development
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