In February 2024, HMRC confirmed that 524 employers failed to pay their workers nearly £16 million, violating the national minimum wage (NMW) laws and leaving over 172,000 workers out of pocket. Over a third of these companies had made pay reductions or deductions which left workers receiving below the NMW.
HMRC has issued an educational tool for employees which specifically focuses on salary sacrifice schemes. In these schemes, workers consent to giving up part of their contractual pay in exchange for a new (or enhanced) non-cash benefit. This could be increased pension contributions, a cycle to work scheme or a company car. This means the worker’s pay is reduced, but under the NMW legislation, regardless of the salary sacrifice, the overall pay cannot be less than NMW.
By offering a salary sacrifice, including allowing workers to buy additional annual leave by agreeing to reduce their pay, you can unintentionally breach NMW laws. Even a one-off salary sacrifice, such as sacrificing salary in exchange for a single lump sum pension contribution, will breach the NMW!
Make sure you are checking each worker’s reduced salary in each pay reference period to ensure it is still at or above their NMW rate!
Give us a call on 01622 738165 to see if this applies to you or to find out more- we are happy to help no matter how big or small your business is!