BEIS and HMRC have revealed ten of the most bizarre excuses used by unscrupulous bosses found to have underpaid workers the National Minimum Wage (NMW). The list has been published to coincide with a new awareness campaign to encourage workers to check their pay to ensure they are receiving at least the statutory minimum ahead of the national minimum and national living wages rising on 1 April 2017. The excuses include:

• The employee wasn’t a good worker so didn’t deserve the NMW.
• UK culture includes not paying youngsters the NMW for the first 3 months as they must prove their ‘worth’.
• Foreign workers can be paid below the NMW as they aren’t British and don’t have the right to be paid it.
• A worker who only makes the teas and sweeps the floors does not deserve the NMW.

The aim of this update is to provide summary information and comment on the subject areas covered. In particular, where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented by the parties and the judgments made in every aspect of the case. Click on the links provided to access full details. If no link is provided, contact us for further details.  Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.