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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.
The Labour Party came into power in 2024 with a promise of substantial reforms aimed at enhancing worker’s rights, improving work-life balance, and addressing inequalities in the workplace.
Mental health is an increasingly important issue in the workplace, affecting employees’ wellbeing, productivity, and overall satisfaction. As more employees speak up about their struggles, UK employers must ensure they are providing a supportive environment while adhering to legal responsibilities. The legal framework surrounding mental health in the workplace is clear, but understanding how to apply it practically is key to preventing discrimination and promoting a healthy work culture. With World Mental Health Day on 10th October, now is the perfect time for employers to review their obligations and strategies for supporting mental health in the workplace.
Handling Mental Health-Related Absences: Best Practices and Legal Obligations
Mental health-related absences are a common challenge for employers, as mental health conditions can lead to prolonged or frequent time off work. Understanding how to handle these absences with compassion while fulfilling legal obligations is crucial for maintaining a supportive work environment and avoiding potential legal pitfalls. As we approach World Mental Health Day on 10th October, this article outlines best practices and key legal responsibilities for UK employers when managing mental health-related absences.
In the UK, mental health discrimination in the workplace is a growing concern as more employees speak up about their struggles with mental health issues. World Mental Health Day, observed on 10th October, provides an opportunity to reflect on the legal protections in place to safeguard employees from discrimination and to promote mental wellbeing in the workplace. This article will explore the legal framework surrounding mental health discrimination, including how the law defines mental health disabilities, employers' responsibilities, and steps businesses can take to prevent discrimination.
Supporting employees with mental health conditions is not just an ethical responsibility for UK employers; it’s a legal obligation under the Equality Act 2010. As we approach World Mental Health Day on 10th October, it’s crucial for employers to understand what reasonable adjustments are, how they can be applied to mental health, and the steps they should take to comply with UK law while fostering an inclusive and supportive work environment.
The Equality Act 2010 is a key piece of legislation in the UK that aims to protect employees from discrimination in the workplace. While much of the focus on this Act has been on physical disabilities, mental health conditions are also covered under its provisions. As we approach World Mental Health Day on 10th October, it’s important to understand how the Equality Act protects employees with mental health conditions, and what employers must do to ensure they meet their legal obligations.
In the modern workplace, stress is often considered an inevitable part of the job. However, when stress becomes overwhelming, it can lead to significant mental health issues such as anxiety, depression, and burnout. In the UK, employers have a legal responsibility to manage workplace stress and support employee wellbeing. As we approach World Mental Health Day on 10th October, this article explores the legal framework around workplace stress and provides guidance on how employers can take steps to create a healthier, more supportive work environment.
The British Airways Plc v Rollett & Others ruling underscores the importance of focusing on the actual disadvantages caused by workplace policies. Employers are now obliged to be more vigilant in assessing the broader impacts of their decisions, ensuring equity and fairness for all employees, regardless of whether they possess a protected characteristic under the Equality Act 2010.
By proactively addressing these considerations, employers can foster a more inclusive work environment and mitigate the risk of indirect discrimination claims.
Shift work is a necessity in the healthcare sector, ensuring round-the-clock care. However, long hours, night shifts, and irregular schedules can take a significant toll on healthcare workers' physical and mental health, increasing the risk of burnout. This article outlines your legal rights regarding rest breaks, the impact of shift work, and your employer's obligations to minimise the risks.
Mental health conditions are becoming increasingly prevalent in UK workplaces, with far-reaching consequences for employees, businesses, and society as a whole. Employers have a duty of care towards their employees' mental wellbeing, and certain mental health conditions may also be recognised as disabilities under the Equality Act 2010.