30/03/2026
The Fair Work Agency launches on 7 April 2026. And I think a lot of good employers are about to get a very unwelcome surprise.
Not because they've been cutting corners. But because employment law has a habit of creating risk in places nobody thought to look, and enforcement has, until now, been inconsistent enough that many issues have quietly gone unnoticed.
That changes next week.
The FWA can investigate without a complaint, walk in without warning, look back six years, and issue penalties of up to 200% of any underpayment on top of paying staff the arrears they're owed.
Some of the most common exposures I'd be looking at right now:
āļø Staff required to be on site before their paid shift starts; for handovers, briefings, or getting changed
āļø Deductions or salary sacrifice arrangements that tip someone below NMW in a single pay period
āļø Unpaid breaks where staff are required to remain on site and available, a break is only a genuine rest break in law if people are free to leave their post
āļø Travel time between sites or appointments not reflected in pay
āļø Holiday pay calculations that don't account for overtime or variable pay
The care sector is a good example of how this happens. Providers introduced on-site changing requirements for entirely sound infection control reasons post-Covid, and may now be carrying an NMW liability they don't know exists. But they're far from alone. This kind of unintentional exposure turns up across hospitality, retail, logistics, and anywhere with shift-based, variable, or hourly paid workforces.
Here's the part that really matters though: underpayments corrected before an investigation opens are in a very different position to those discovered during one. Getting ahead of this, and being able to demonstrate you took proactive, independent steps to review your practices, makes an enormous difference.
I'm Jacquie, a senior People professional currently offering independent NMW and working time compliance audits. If you'd like an honest, external view of where your exposure might be and what, if anything, needs to change, I'd love to have that conversation.
DMs open, or call me on 07466 149904.