0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

adverse publicity for those who breach national minimum wage legislation

13 January 2011

On 1 January 2011, the Government introduced a policy of naming and shaming employers who ignore national minimum wage legislation. It was originally intended that there would be a maintained public register. It has been confirmed that such employers will instead be named in a BIS press release.

Matters will only be referred to BIS where total arrears are at least £2k and average arrears are at least £500 per worker.

The scheme is unlikely to have an impact on those employers who are in breach inadvertently (e.g. misunderstandings about the rules on hours ‘on-call’ and subsistence payments etc).  Even if an employer knowingly/deliberately fails to comply with national minimum wage obligations, it will have 28 days to make representations to BIS against being named.

Given that local and possibly national newspapers might be inclined to report this information, it is something to be mindful of.  It might also provide a useful means of deciding whether or not to enter into business with a particular employer.

related opinions

Meat-free expenses claims

Some schools have hit the headlines this week for their decisions to offer only vegetarian meals. But would a similar approach extend to the workplace?

View blog

Can employees bring a claim when they are in breach of their contract?

Can an employee, who has been in breach of their contract in the past, successfully bring a claim for breach of contract by their employer following their dismissal?

View blog

National minimum wage – naming and shaming

The government has confirmed that it will be reintroducing its policy of “Naming and Shaming” those employers who fail to pay their workers the National Minimum Wage or National Living Wage.

View blog

Migration changes ahead?

The Migration Advisory Committee (MAC) has now published its report into two commissions – the first on whether a points-based system is the way forward, and the second on the appropriate level of any salary thresholds included.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up