Cheating bosses to be named
Employee Management Articles
Submit Articles Back to Articles
30 September 2010 - BIS
Employers who deliberately flout minimum wage laws will be publicly named
under a new scheme announced by Employment Relations Minister Edward Davey
Cases where employers breach the rules are to be publicised by the Department
for Business, Innovation and Skills (BIS) from 1 January 2011 - giving them
three months to 'put their house in order'.
The new sanction was announced
as the new rates for the National Minimum Wage come into effect. They are:
· £5.93 per hour for low paid workers aged 21 and over, increased
from £5.80 and with the adult rate coming into effect at 21 rather than the
· £4.92 per hour for 18-20 year olds, increased from £4.83; and
· £3.64 per hour for 16-17 year olds, increased from £3.57.
For the first time there is also an apprentice minimum wage of £2.50 per
hour. The new rate applies to those apprentices who are under 19 or those
that are aged 19 and over but in the first year of their apprenticeship. All
other apprentices are entitled to the standard minimum wage rate for their age
Employment Relations Minister Edward Davey said:
“Bad publicity can be a powerful weapon in the fight against employers who
try to cheat their workers and their competitors. Their reputation can be
badly damaged if they are seen to be flouting the law.
“Responsible employers should also make themselves aware of the new rates
that come into effect (1 October). The increases to the National
Minimum Wage this year are appropriate for the economic climate. They will
strike a balance between helping the lowest paid whilst at the same time not
jeopardising their employment.
“The Low Pay Commission estimates that around 970,000 people stand to
benefit from these increases. “
The new rates come in as Her Majesty’s Revenue and Customs (HMRC) and BIS
publish their National Minimum Wage Annual Report for 2009/10. It reveals HMRC
identified over £4.4 million in arrears for over 19,000 workers. The average
arrears per worker for the year were £228, which is 18% higher than the
previous year (£193 for 2008/9).
Regulations cracking down on rogue operators in the modelling and
entertainment sector - banning up-front fees for aspiring models and
significantly tightening the conditions attached to them elsewhere -
also come into force today (1 October).
They are part of the Conduct of Employment Agencies and Employment
Businesses (Amendment) Regulations 2010. Taken in the round this legislation
reduces overall regulatory burdens by eliminating unnecessary suitability
checks when workers are placed in permanent posts – except when the work
involves vulnerable people.
1. The Low Pay Commission was established following the National Minimum
Wage Act 1998 to advise the Government about the National Minimum Wage.
Commissioners have backgrounds in business, trades unions and academic labour
relations. For more details, and copies of the full report, see
2. The Low Pay Commission's 2009 report recommended that information should
be available on employers who have shown wilful disregard for minimum wage
3. When the minimum wage was launched in 1999, the main rate was £3.60.
4. The accommodation offset will rise from £4.51 per day to £4.61.
5. The Pay and Work Rights helpline number is 0800 917 2368. As well as
receiving and investigating complaints about non-payment of the minimum wage,
the helpline offers advice and information in more than 100 languages.
6. The National Minimum Wage Annual Report for 2009/10 can be found here:
7. The Employment Agency Standards inspectorate is responsible for
enforcing the Conduct of Employment Agency and Employment Business
Regulations, carrying out inspections and responding to complaints. More
information is available at:
8. The Conduct of Employment Agencies and Employment Businesses (Amendment)
Regulations 2010 ban outright the practice of charging up-front fees to
would-be models. The absolute ban will not extend to the placement of other
entertainers, such as actors, musicians and extras. The risk of abuse is
significantly lower in those sectors, and a ban would have a disproportionate
effect on perfectly legitimate businesses. However, the amendments will extend
the current seven-day cooling off period to 30 days for this group, which will
also benefit from increased rights on cancellations and refunds over the
About the Author
© Crown Copyright. Material taken from the BIS Department
for Business, Innovation and Skills. Reproduced under the terms and conditions
of the Click-Use Licence.
Follow us @Scopulus_News
Article Published/Sorted/Amended on Scopulus 2010-10-01 15:47:56 in Employee Articles