03/09/2026
The Fair Work Agency has named 658 employers for underpaying staff below the national minimum wage, in its first naming round since taking over enforcement from HMRC. B&Q, Five Guys and two NHS trusts were among those listed.
❓ So how do companies end up underpaying?
The causes are worth noting, because most weren't deliberate but were down to miscalculations and incorrect processes, including:
- Deductions that reduced pay below the minimum, such as salary sacrifice schemes, dress codes or childcare costs. B&Q underpaid over 4,500 staff due to miscalculations surrounding geographical pay allowances, while NHS trusts faced issues tied to non-tax-deductible salary sacrifice schemes, such as childcare vouchers, where deductions reduced gross pay below statutory minimum thresholds.
- Unpaid working time, including early starts, late finishes and rounded clock-in times.
- Missing a pay increase when a worker had a birthday or when rates rose in April.
- Technical differences in how payroll regulations were applied, as Five Guys reported when its errors were identified during an HMRC review.
What employers can do to stay compliant:
1. Audit gross vs. effective pay – Regularly check whether pay still meets statutory minimums once deductions have been applied, not just before them.
2. Account for every minute worked – Make sure mandatory setup time, briefings and handovers are recorded and paid, not treated as unpaid extras.
3. Review your allowance logic – Confirm whether location or shift premiums actually count towards NMW calculations under current rules, rather than assuming they do.
4. Build limits into salary sacrifice schemes – Set automatic caps so an employee's take-home pay can't accidentally fall below the threshold.
The Fair Work Agency treats technical errors with the same seriousness as deliberate underpayment. Regular audits of your pay mechanics aren't just good practice, they protect your workforce and your reputation as an employer.
If you want to review your current setups against statutory rules get in touch at [email protected].
Fair Work Agency names and shames 658 employers including some NHS trusts for national minimum wage (NMW) underpayments.