Topic: £5000 Fine for Paying Less Than Minimum Wage! from 6th Apr09
Posted : 06/07/09 / Views : 8932 / Replies : 177
CliveHurst 908 posts last on: 25 min send private reply As from 6 April, there is a new penalty for employers who pay workers below the national minimum wage and a new method of working out arrears owing to those employees. Employers who do not pay the minimum wage could be faced with an automatic fine of up to £5,000, while serious offenders could receive an unlimited fine. HM Revenue and Customs compliance officers get extra powers to carry out their investigations into breaches of the law on the national minimum wage. The new method of calculating arrears means that employers have to pay any past wages owing to underpaid workers at the current minimum wage rates, not the rates when the workers were underpaid, if these are higher. Any employer who underpays after 6 April 2009 will also be subject to a fine of 50 per cent of the total amount underpaid; the fine has a minimum level of £100 and a maximum of £5,000. So the the Act also gives HMRC compliance officer's new inspection powers and strengthens the criminal regime for national minimum wage offences. Further details here. **;¬)) Editorial comment Thread now closed as getting too long in length - feel free to continue the discussion by starting a new thread.
[ discussion closed | all topics]		123NextLast
Reply #1: Re: £5000 Fine for Paying Less Than Minimum Wage! from 6th Apr09		Posted : 22/04/09
amandaj 184 posts last on: 1 hour send private reply Thanks so much for alerting us to this!I've had a look at the info attached.I lost a small role in a TV independent film because I asked for the minimum wage, instead of just expenses.I was very polite and said I'd love to do it, but paid at least this, as they are a commercial company. Um..lots of paid jobs suddenly today for the ladies...I wonder.
Reply #2: Re: £5000 Fine for Paying Less Than Minimum Wage! from 6th Apr09		Posted : 22/04/09
Toni1 1029 posts last on: 1 hour send private reply Thanks Clive for this. Certainly grist to the mill when arguing the minimum wage corner :-))
Reply #3: Re: £5000 Fine for Paying Less Than Minimum Wage! from 6th Apr09		Posted : 22/04/09
nadiao 274 posts last on: 20/08/10 send private reply Yay! Bring it on! ;-) Thank you for this info - very interesting! Nadia
Reply #4: Re: £5000 Fine for Paying Less Than Minimum Wage! from 6th Apr09		Posted : 22/04/09
CliveHurst 908 posts last on: 25 min send private reply Many thanks! :) Remember, if you have/do work for a commercial outfit for expenses only, then you still have a right - to then ask them to pay you at least the NMW, even after you have worked for them. You have up to 3 months after the work was done, to make a claim, click: http://www.hmrc.gov.uk/nmw/complaint.htm If you have information about an employer that is not paying the minimum wage and you do not work for them, or have not previously worked for that employer, you can still make a complaint, by completing this on online complaint form, click: https://online.hmrc.gov.uk/shortforms/form/NMW_TPWorker?dept-name=NMW&sub-dept-name=Complaints&location=25&origin=http://www.hmrc.gov.uk Completion of personal details on this form is not compulsory. **;¬))
Reply #5: Re: £5000 Fine for Paying Less Than Minimum Wage! from 6th Apr09		Posted : 23/04/09
CliveHurst 908 posts last on: 25 min send private reply Details to assist employers, click: http://www.berr.gov.uk/files/file48127.pdf **;¬))
Reply #6: Re: £5000 Fine for Paying Less Than Minimum Wage! from 6th Apr09		Posted : 23/04/09
KrisHaddow 94 posts last on: 01/09/10 send private reply Hi Clive, The Government have really taken a big step to start properly enforcing the minimum wage. Enforcement should have been tighter right from the day it was first introduced. I am however still a little concerned that those of us working in the entertainment field remain slightly at risk, as a lot of the work we undertake is on a self-employed basis. Only contracted employees of a company (whether temporary, seasonal, full or part time) are protected by minimum wage entitlement. I've had no problem with reputable employers offering Equity minimum rates, but was left with no choice but to refuse work earlier this year when offered a "fixed fee" for a job, where the amount stated in the contract would remain the same regardless of the amount of hours put in. It was evident even from the initial schedule that the amount of filming expected would effectively have meant working for less than £3 per hour, and that's before accounting for expenses, which of course I would have to have met myself. Whilst I was really pleased to be offered the work after a tough audition process, I wasn't desperate to be exploited and be left with the prospect of working at a possible loss, so turned the job down. Legislation like this does however at least set a precedent for negotiating better terms of contract when working self-employed - we simply have to be confident about what we would be entitled to if we were working as a regular employee, and bring our expectations to the table - we are not second class citizens, after all. I'd also just like to point out that the complaint links above will only be of help if you have worked as a contracted employee, not when you have worked on a self-employed basis, just in case anyone decides to file a complaint. I personally don't have a solution to the problem, but lets hope it is at least debated next time they consider legislative changes. Right now, anyone working on a self-employed basis is left in a moral dilemma when it comes to low-paid work, and essentially has to make the choice to either take it or leave it. I'm fortunate that I have a second income at present and can afford to say no to being exploited. Kris
Reply #7: Re: £5000 Fine for Paying Less Than Minimum Wage! from 6th Apr09		Posted : 23/04/09
CliveHurst 908 posts last on: 25 min send private reply Hi Kris, Although you are classed as self-employed for tax reasons, actors in the main, are deemed to be 'workers' (not employees) who pay Class 1 National Insurance contributions. 'Workers' have the same rights as 'employees' when it comes to statutory right to holiday pay and statutory right to the National Minimum Wage etc. They can also take a delinquent employer to a tribunal too, under certain circumstances. If you work in variety such as - say a comedian or conjurer, you are deemed to be truly self-employed and you are not classed as a 'worker'. You do not have 'workers' rights... You should read up on your rights as an actor/worker! **;¬))
Reply #8: Re: £5000 Fine for Paying Less Than Minimum Wage! from 6th Apr09		Posted : 23/04/09
lockwood 72 posts last on: 24/07/10 send private reply Clive, I'd just like to say I think this is fantastic and so are you for all your continual work.
Reply #9: Re: £5000 Fine for Paying Less Than Minimum Wage! from 6th Apr09		Posted : 23/04/09
KrisHaddow 94 posts last on: 01/09/10 send private reply Hi Clive, That's really reassuring, thank you for responding. =) Kris
Reply #10: Re: £5000 Fine for Paying Less Than Minimum Wage! from 6th Apr09		Posted : 23/04/09
CliveHurst 908 posts last on: 25 min send private reply Thanks Kris, Also as a 'worker' you can also claim 'Job Seekers Allowance'... Jobseeker's Allowance (JSA) is a benefit for unemployed people who are looking for work. You can claim JSA if all of these apply to you: you're able to work you're available for work you're actively looking for work You must also be: under the State Pension age (65 for men and 60 for women) not working, or working less than 16 hours a week on average & living in the UK... Click: http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Employedorlookingforwork/DG_10014402 **;¬))
[ discussion closed | all topics]		123NextLast

Please note: Messages written in the forum do not represent the views of Casting Call Pro, nor have they been vetted by Casting Call Pro staff. If you read something which you believe to be offensive or defamatory, please contact us and we will take the appropriate action.