03/09/2024
Businesses targeted for NMW compliance
HMRC is cracking down on small and medium-sized businesses (SMEs) in 11 UK regions for potential non-compliance with the National Minimum Wage (NMW). Companies found guilty of underpaying will have to reimburse workers for NMW arrears, and face increased National Insurance Contributions (NICs).
Businesses that refuse HMRC’s initial offer of a health check meeting risk financial penalties of up to 200% and public naming and shaming.
Many SMEs might unintentionally breach regulations due to the complexity of NMW rules and common misunderstanding about calculating NMW beyond just an hourly rate.
HMRC has allocated over £27m to address NMW non-compliance, focusing on regional enforcement. Areas were chosen based on data indicating a higher number of workers potentially earning below the required NMW and intelligence from workers complaints.
Over 50% of SMEs in the targeted regions could be affected, facing significant and administrative burdens, even if they are compliant. Many businesses have already received letters from HMRC as part of a three-stage process.
Targeted businesses will first receive a nudge letter listing common areas of NMW non compliance. The next step is a letter offering a free HMRC health check. Ignoring this offer will result in HMRC opening a formal enquiry.
Enforcement will focus on 11 specific regions: Belfast, Birmingham, Bradford, Cardiff, Cornwall, Cumbria, East Anglia, Glasgow, Liverpool, the North East, and Watford.
If you have any questions, please contact 023 8046 1222 or email James Alesbury.
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