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Posted Thu, 18 Nov 2021 13:41:57 GMT by Julie Tu
As an employer, we are wanting to pay (via our legal partners) for an employee’s fees to apply for Indefinite Leave to Remain in UK. It’s the employee’s choice to apply and we don’t have to sponsor him. He would be able to remain in the UK without it..i.e. we are paying for a non-necessary application. Question…If the employee leaves and we have in place an agreement for the fees to be repaid to the employer from a net deduction from salary, would this be seen as a reduction for NMW and is likely to take remaining or zero pay below NMW?
Posted Tue, 23 Nov 2021 15:32:13 GMT by HMRC Admin 29
Hi,

Most deductions made by an employer from a worker’s pay will reduce their pay for NMW purposes. There are some exceptions to this, such as where the deduction or payment is in respect of the worker’s conduct or any other event where the is contractually liable.

Further information on such deductions can be found in the Department for Business, Energy and Industrial Strategy publication ‘Calculating the Minimum Wage’ which is available here:

Calculating the minimum wage

Thank you.
 
Posted Fri, 26 Nov 2021 09:39:07 GMT by Julie Tu
I'm still not clear on this, please can you clarify further.

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