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

national minimum wage – naming and shaming

14 February 2020

In the week that a key National Minimum Wage case on sleep-ins reached the Supreme Court (Royal Mencap Society v Tomlinson-Blake), 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. The scheme, which was stopped in 2018 pending a review, will restart in April 2020 with a few changes in place – the threshold will be raised from arrears of £100 to arrears of £500 before employers will be named, but the frequency of public naming will increase in an attempt to improve its effectiveness as a deterrent.

This Naming and Shaming policy runs independently to the financial penalties applicable for non-compliant employers – including fines of up to 200% of the arrears. However, employers who offer salary sacrifice and deduction schemes will no longer be subject to financial penalties if the scheme brings the payment below the National Minimum Wage rate.

Minimum wage rates remain firmly in the spotlight with further changes anticipated through the proposed creation of a Single Enforcement Body. The Supreme Court’s decision on how sleep-ins should be treated will be awaited by affected employers with interest, given the significant financial implications (particularly within the already stretched care sector) of any finding in favour of National Minimum Wage being payable for hours sleeping.

related opinions

Limits on tribunal awards

The Employment Rights (Increase of Limits) Order 2021 will come into force on 6 April 2021. This Order increases the level of a number of compensation caps for tribunal awards and statutory payments.

View blog

Headline points of the 2021 Budget for employers & the self-employed

Yesterday’s announcement already seems to be a seminal moment on the road to recovery from the impacts of the pandemic. Here are some of the headline points.

View blog

Gender pay gap reporting - extension until 5 October 2021

The Government confirmed that it would not enforce the usual deadlines for gender pay reporting - 30 March for public sector employers and 4 April for private sector employers.

View blog

Uber drivers entitled to workers rights

Today the Supreme Court unanimously dismissed Uber’s appeal and agreed with the earlier decisions in Uber v Aslam by deciding that Uber drivers are workers not self-employed persons.

View blog

Sarah Hooton

Sarah Hooton

Professional Development Lawyer

View profile

mailing list sign up



Select which mailings you would like to receive from us.

Sign up