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With effect from 1 October 2009, regulation 31 of the National Minimum Wage Regulations 1999 was amended so that any payments made by customers by way of a service charge, tip, gratuity or cover charge may not count towards the national minimum wage (NMW). Each worker’s pay, excluding such customer payments, must meet the minimum wage requirement.
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Posted October 8th, 2009 | No Comments »
Minimum wage rates for agricultural workers in England and Wales come into force from 1 October 2009, at the same time as the 2009 National Minimum Wage rates.
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Posted September 23rd, 2009 | No Comments »
The Government has asked the Low Pay Commission (LPC) to make recommendations for minimum wage rates in 2010 and, as appropriate, for 2011. In addition, detailed consideration will be given to the accommodation offset and to the introduction of a minimum rate for apprentices.
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Posted September 9th, 2009 | No Comments »
The decision of the London Employment Appeal Tribunal (EAT) on 24 June 2009 in the case Smith v Oxfordshire Learning Disability NHS Trust, clarifies the status for National Minimum Wage (NMW) purposes of “sleep-in payments”.
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Posted August 5th, 2009 | No Comments »
Following a meeting of the Agricultural Wages Board for England and Wales on 15-17 June, the following proposals were issued to take effect from 1 October 2009. Views on the proposals are invited up to 20 July, following which the Board will meet again to decide whether or not to confirm its proposals.
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Posted July 8th, 2009 | No Comments »
In order to fulfil its promise to exclude any tips whatsoever from counting towards the National Minimum Wage, the government is removing just seven words from the National Minimum Wage Regulations 1999.
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Posted June 17th, 2009 | No Comments »
In an Impact Assessment document on the increases to the National Minimum Wage (NMW) from October 2009, the Department for Business, Innovation and Skills (BIS) has announced that the Regulations will be amended to exempt Erasmus students and Comenius assistants from the NMW. The Erasmus and Comenius programmes are a part of the European Commission’s Leonardo da Vinci programme, which funds work placements for trainees, workers and staff across 31 EU and other countries. An exemption from the NMW for Leonardo participants was included in the Regulations in October 2007.
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Posted June 17th, 2009 | No Comments »
In June 2008, in the case HM Revenue and Customs v Annabels (Berkeley Square) Ltd & Ors, the London Employment Appeal Tribunal allowed an appeal by HMRC that, in the particular facts of the case, the tips distributed by the troncmasters were not payments by the employers and did not, therefore, count towards the employers’ liability to pay employees at least the NMW.
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Posted May 18th, 2009 | No Comments »
The Low Pay Commission (LPC) published its tenth National Minimum Wage Report on 12 May 2009, which included the following recommendations to take effect from October 2009: Continue reading
Posted May 18th, 2009 | No Comments »
From 6 April 2009, new regulations came into force that change the approach that HMRC will take in future to non-compliance by employers with the National Minimum Wage (NMW) requirements. In particular, HMRC compliance officers, having carried out an investigation of an employer’s payroll and associated records and interviewed the employer, payroll staff and workers, may issue a notice of underpayment. This new type of notice requires the employer to pay arrears and also imposes an automatic penalty. HMRC has the statutory powers to initiate both civil and criminal proceedings against employers for a range of NMW offences.
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Posted April 20th, 2009 | No Comments »
