Just before Christmas, somewhat lost perhaps amidst the Plan B vs the did-he, didn’t-he Christmas Party merry-go-round, the government released the latest list of employers being “named and shamed” for failing to pay the minimum wage. As you may recall, although the naming and shaming scheme has been around since 2011, it was paused in 2018 pending a governmental review. The government announced that the scheme would re-start (with some changes) in February 2019 and the first list of employers named under the new scheme was published in January 2021. This most recent list is therefore only the third under the new scheme.
The companies named range from multinational businesses and large high street names to SMEs and sole traders, in what the government has trumpeted stridently and probably unnecessarily as “a clear message that no employer is exempt from paying their workers the statutory minimum wage”. Assuming that the majority of these were inadvertent breaches, the immediate question is how a large employer with significant financial and administrative resources can pay below the NMW by accident. Really? What the government’s commentary on the list does not include, and in the interests of fairness probably should, is the reality that if you aim quite lawfully to pay at or just above the NMW, then however big you are, it is distressingly easy to find that you have inadvertently slipped below it.
The press release states that the employers in question had underpaid...
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