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National Minimum and National Living Wage in the health and social care sector

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 1 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 1 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.

We have been recognised for the work we do

Chambers and Partners Ranking 2018

Shortlisted: Employment Law Firm of the Year – Personnel Today Awards

Shortlisted: LaingBuisson Awards for Legal Advisor – Independent

Winner: Employment Law Firm of the Year

Review of business structures, employment model and customer literature for a care business

Our client wanted to re-assess whether it might be required to register with the CQC and review its self-employed model and live-in carers contract.

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Latest webinars and podcasts

WEBINAR: Holiday entitlement for part-year employees – Harpur Trust v Brazel

In this webinar, Anna Dabek and Libby Hubbard provide key information that can enable you to review your holiday pay arrangements.

Monday 7 November 2022

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VIRTUAL EVENT: Annual employment law update 2022 – Recordings

View recordings of the different parts of the sessions our employment and pensions team talked about during our Annual employment law update 2022.

Thursday 20 October 2022

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SECTOR LEAD

Matthew Wort

Partner

Partner in the employment and pensions team