Many workers will get a boost in their salary from tomorrow, 1 April, due to the announced increases in the National Living Wage and National Minimum Wage.
The National Minimum Wage (NMW) is the minimum amount that workers are to be paid. Workers are classed as anyone of at least school-leaving age, this is then changed to the National Living Wage (NLW) when the worker reaches the age of 23.
These hourly rates have increased as follows:
| Age | Category | From 1 April 2022 | Previous rate | Increase |
| 23+ | NLW | £9.50 | £8.91 | 6.6% |
| 21-22 | NMW | £9.18 | £8.36 | 9.8% |
| 18-20 | NMW | £6.83 | £6.56 | 4.1% |
| Under 18 | NMW | £4.81 | £4.62 | 4.1% |
| Apprentices | NMW | £4.81 | £4.30 | 11.9% |
Whilst this is good news for employees, this may be a significant increase to the burden employers have to face when combined with the National Insurance increases planned and the increases across the board due to the current rates of inflation.
To ensure these rates are adhered to, HMRC now has an enforcement budget for NMW of over £27m and uses approximately 450 inspectors across 30 locations.
Since 2015, the budget for minimum wage enforcement has doubled with the government having ordered employers to repay over £100 million to 1 million workers.”
Consequently, it is ever more important that employers get this right to avoid unnecessary visits and potential penalties from HMRC.
In our experience, HMRC’s NMW enforcement team commonly check and challenge employers in the following areas:
- Requesting workers to wear specific unbranded clothing to carry out employment duties, for example, black trousers, white shirt, black shoes in a restaurant. If the cost is not reimbursing to the worker, HMRC will reduce the rate of pay by an agreed sum. This could push the employee’s deemed salary to below the NMW/NLW without realising.
- Any deductions or payments taken from a worker, not passed onto a third party, for example, purchase of products/services including clothing and uniform, security deposits, tool bonds or canteen deductions will also have an impact on the hourly rate calculation
- Another impact on the calculation of NMW/NLW is the operation of salary sacrifice arrangements. If your employee requests for example pensions, childcare vouchers, cycle to work or additional holiday purchase to be deducted from their salary this could have consequences for the employer. Reductions to gross pay also reduce pay for NMW calculations, even if the employee agrees to the deduction voluntarily.
Additionally, deductions or payments taken from a worker when they leave employment, for example, reimbursement of training costs, car hire costs or cycle to work hire costs will also have an impact.
Other areas which HMRC consider to be adjusting items on the NMW/NLW calculation would be:
- Payments to volunteers/interns. If a charity has volunteers, they do not need to be paid for their time, however, all out-of-pocket expenses should be covered. Interns are treated differently; a number of legal cases seem to say that an intern who does work that would be paid if done by an employee or contractor can be a ‘worker’ for the purposes of national minimum wage (NMW) law. If they are a ‘worker’, you must pay them at least the relevant NMW for their age, even if they are prepared to work for nothing.
- It is important to pay apprentices for all time worked, including study time.
- Operation of time off in lieu & additional leave policies could bring an employee under the NMW/NLW depending on whether they are hourly paid or salaried.
- If there are transactions costs taken from a worker, for example a direct earnings attachment. it is important to consider the protected earnings of an employee and not leave them with less than 60% of their net earnings.
- Rounding up payroll systems for example, to nearest minute, rounding for early starters/early finish, rounding for late starters, employers must ensure all working time is reviewed and considered, then paid at NMW/NLW or higher.
- Deduction or payment taken from a worker in respect of living accommodation costs if the payment is to a qualifying local housing authority or registered social landlord.
For any businesses that may be impacted by these increases or want to check that they are fully compliant with legislation, RB+ can advise on a wide range of measures to assist you. This may include advising on tax efficiencies, business restructuring or audit services. Contact us for a free consultation.








