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

Forgotten your password?

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

Compulsory vaccinations in care homes

Care homes will need to take steps to assess the impact of these Regulations on their workforce.

View blog

Evidence of guilt not always required for fair dismissal

This case offers particularly helpful guidance for employers when being faced with employees who are suspected of criminal wrongdoing, albeit care should always be given to ensure allegations are clearly defined and considered on their own merits.

View blog

Flexible working, childcare and indirect sex discrimination – important reminder

The courts have long recognised that, on a societal level, women bear a greater burden of childcare responsibilities than men which can make it more difficult for women to comply with employer requirements for flexible working (known as the ‘childcare disparity’).

View blog

The frontier worker permit

All EU citizens who were not residing in the UK by the end of December 2020 and want to live and work in the UK from 1 January 2021 must apply for a visa as a result of Brexit.

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up