Tuesday 29 April 2014

Minimum Wage: The 10 worst excuses for non-payment

It was announced back in March that the minimum wage would again be increased from October 2014 and with this in mind we came across an interesting article by Rob Moss from ‘Personnel Today’, that we thought we would share with you.
 
The national minimum wage is 15 years old this week, and to coincide HM Revenue & Customs (HMRC) has revealed what it believes are the 10 worst excuses given by employers in the past year for paying below the threshold.
One employer claimed that a worker was his wife, but then had to ask her name. Another claimed that their employees did not speak English, so were not entitled to the minimum wage. Others simply denied that the employee worked there at all.
 
The national minimum wage sets minimum hourly rates that employers must pay their workers. The main rate increases to £6.50 per hour in October 2014.
Jennie Granger, HMRC’s director general of enforcement and compliance, said: “Most employers are honest and pay their staff the correct rate. But this research shows that some still view the national minimum wage as a choice, and will even try these crazy excuses to avoid paying workers what they are due.”
 
Top 10 worst excuses
 
1.  An employer said a woman was not entitled to the minimum wage because she was his wife. When asked what his wife’s name was, the employer said: “Err, her name? What’s your name, love?”
 
2. “My employees don’t speak English, so they’re not entitled to it,” was another reason.
 
3.  An employee ran out of the premises when HMRC officers arrived to check for national minimum wage infringements. The same employee then returned – minus the work pinafore – with the employer claiming that they were a customer.
 
4.  One employer told HMRC: “When the national minimum wage goes up I do increase the amount I pay a little, even if the total pay is still below the national minimum wage. I don’t think it’s right to ignore rises in the national minimum wage.”
 
5.  Upon inspection, an employer told HMRC: “I know I am paying them too little, but they are happy to work for this amount because they are getting experience.”
 
6.  An employer said his employee was just working for a few days, with a view to buying the business. When HMRC checked, the employee’s name was found on historic food temperature records.
 
7.  An employer claimed they realised they were not paying employees the national minimum wage and had just this week increased their income to a new hourly rate – which was still below the minimum wage.
 
8.  An employer told HMRC: “It wasn’t a conscious decision to say ‘I’m not going to pay this’, but I’ve never really considered doing it because I’ve not had people come to me and say, ‘I’m not getting paid enough’ or ‘Is this the minimum wage?’”
 
9.  Another employer claimed an employee was just a friend, and only in the restaurant as they were in the area. HMRC officers returned another day to find the employee in the kitchen preparing food.
 
10.  A number of employers claimed that accommodation they provided workers made up for their shortfall in wages.
 
HMRC said its investigations last year resulted in more than 26,000 people getting a share of £4 million in back pay.
Rob Moss, 3rd April 2014
 
Tamar HR’s View
Although this is a light hearted look at this issue, HMRC do take compliance very seriously and the penalties for employers who breach National Minimum Wage can reach up £20,000 per employee.   HMRC have the power to name and shame any employer who fails to pay the minimum wage, which could be seriously damaging for  businesses with the negative publicity and could also affect your ability to attract the best talent when recruiting. The businesses we work with take their responsibilities in this area very seriously and Tamar HR is always happy to advise further.  If you would like any further advice on the national minimum wage rates or the upcoming changes, or on your business pay, benefits and rewards more generally, please don’t hesitate to speak to one of the team at Tamar HR.

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