In February 2024, a Family Law firm was among 524 businesses publicly advertised by the government for failing to pay the national minimum wage. The firm have argued that it way a ‘one off’ incident that happened six years ago and was immediately rectified.
You may be surprised to find out that the latest annual list, published by the Department for Business and Trade, features household names that you may be aware of. Employers not paying employees the National Minimum Wage is more common than you may think.
You must be at least:
- School leaving age to get the National Minimum Wage;
- Aged 23 to get the National Living Wage – the minimum wage will still apply for workers aged 22 and under,
However, from 1 April 2024, workers aged 21 and over are entitled to the National Living Wage. If you are approaching 21 or just over, you should check your pay and ensure it is correct against the law set by the Government.
There are different rates set for different categories. These rates are for the National Living Wage (for those aged 23 and over) and the National Minimum Wage (for those of at least school leaving age). The rates change on 1 April every year:
23 and over 21 to 22 18 to 20 Under 18 Apprentice
April 2023
(current rate) £10.42 £10.18 £7.49 £5.28 £5.28
From 1 April 2024, workers aged 21 and over are entitled to the National Living Wage:
21 and over 18 to 20 Under 18 Apprentice
April 2024 £11.44 £8.60 £6.40 £6.40
If you are an apprentice, you would be entitled to the apprentice rate if you are aged under 19, or aged 19 or over and in the first year of your apprenticeship.
If you are an employee or worker and feel you have not been paid the minimum wage, you can make a claim to an employment tribunal. You must choose either to do this or to complain to HMRC. How much money you are claim will depend on the type of claim you make. The main employment claim in the Employment Tribunal would be a claim for non-payment of minimum wage. You can claim for money owed going back two years.
However, there are strict time limits for someone to make a claim to an employment tribunal:
- if there was one wrong deduction, they have 3 months minus 1 day from that deduction;
- if there were several wrong deductions in a row, they have 3 months minus 1 day from the most recent wrong deduction
An employee can claim up to 2 years back as long as either of the following apply:
- there’s less than 3 months between deductions;
- the deductions are linked – for example, they might be linked if they are caused by the same error.
If you feel you are owed money from your employer or have not been paid correctly, contact one of our Employment Law Solicitors, Maria Fernandes or Courtney Stephenson for an initial consultation to find out what you can do.
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