NMW

Hi, I am 28 years old care worker and new to the industry and just want to check my payslip. I get paid £12 weekday / £13 weekends per hour for my time with service users, £11 per hour for my travel time and nil for my waiting time. My last payslip was showing 121 hours for my time with clients, paid £1,473, Travel time was 25 hours paid £275 and 8 hours waiting time paid 0. Total pay £1,748 and total hours 154, so I am really paid £11.35 so above £10,42. I am therefore ok for NMW? Thank you.

Just to add, I am on a zero hours contract with work as and when it’s available. Thank you.

My contract says standard pay rates are as above. Not sure if that means anything. Thanks for answering this questions.

Hi,

An hourly paid worker must be paid at least the National Minimum Wage rate for all hours worked in each pay reference period. From the information you have provided, it would appear that you have been paid above the National Minimum Wage, which is currently £10.42 per hour for workers aged 23 and over.

If you are concerned that you are not being paid what you are entitled to, please contact the Advisory, Conciliation and Arbitration Service (Acas) for advice.

Acas helpline

Thank you.
 

Thank you for confirming I am being paid above NMW. This provides reassurance.

I am paid the national minimum wage of £10.42. My understanding is that if I take a holiday I must be paid the NMW for the holiday. Where can I find this written down so I can show it to my employer.

Hi,

Workers are entitled to be paid at least NMW for the hours worked in each pay reference period. You can find more information about the working hours for which the NMW must be paid here:

Working hours for which the minimum wage must be paid

If you would like further information regarding holiday entitlement or do not think that you have been paid the NMW please contact Acas:

Acas helpline 

Thank you.

Thanks for your comments. My understanding is that there are three pieces of legislation which relate to holiday pay. Broadly speaking the three pieces of legislation state: 1. Holiday pay is based on the average pay for the previous 52 weeks. Until recently this “Reference Period” was 12 weeks. 2. Holiday pay should be paid at a rate equal to or greater than the national minimum wage (NMW) 3. An employee should not be disadvantaged financially if they take a holiday. My issue is that in my situation, scenarios 2 and 3 contradict scenario 1 To explain: I started working for my employer on April 1st 2022 on the NMW of £9.50. On April 1st 2023 the NMW increased to £10.42. I took a holiday in the second week of April 2023. My holiday pay was based on my average hourly rate over the previous 52 weeks ie £9.50. This calculation complies with point 1 above but obviously contradicts points 2 and 3. I have spoken to ACAS and their advice was that I need to take my case to an Industrial Tribunal for a decision. I find this hard to believe. Surely HM government anticipated this situation when it increased the reference period from 12 to 52 weeks. I do not relish the idea of appealing to an Industrial Tribunal and would consequently appreciate your opinion. My questions are: • Is my understanding of the legislation correct? • Has my employer calculated my holiday pay correctly? • Which piece of legislation takes priority? I would be most grateful for any opinions on my query. Thanks

Hi,

We can answer NMW queries relating to working time and pay. We do not enforce the payment of holiday pay. 

Holiday pay advice would normally be provided by ACAS. 

You could contact ACAS again and ask if they would consider the possibility of conciliation before tribunal action.

Thank you.