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Posted Wed, 05 Jun 2024 08:32:13 GMT by SOPHIE M
I have had a NHS salary deduction lease car and electronic salary sacrifice vouchers for 5 years. I was not applicable for salary sacrifice vehicles at my time of application. I have received a letter from my employer (local government) to advise they will no longer be deducting my car payments from my wages as it is possible it was taking me below NMW. I am now paying this manually. I know someone in a different company who has received the amount back from their employer (the deductions that took them below minimum wage). Are my employers obligated to refund me any amount which has taken me below the NMW from the salary sacrifices and deductions? To clarify, it was never stated to me that the car and vouchers may take me below NMW.
Posted Mon, 10 Jun 2024 12:58:55 GMT by HMRC Admin 32 Response
Hi,

HMRC cannot comment on an employer’s specific arrangements without undertaking a full National Minimum Wage investigation.

If a worker believes they have not been paid the minimum wage they can contact the Advisory, Conciliation and Arbitration Service (ACAS) via their helpline 0300 123 1100.

A worker can also raise a complaint to HMRC using the following online form:

National Minimum Wage enquiries and complaints

Further information on how deductions and salary sacrifice schemes affect a worker’s pay can be found in the Department for Business and Trade publication ‘Calculating the Minimum Wage’ which is available here:

Calculating the minimum wage

Thank you.

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