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national minimum wage

Ensure that you update your workers wages.

National Minimum Wage

The National Minimum Wage is the minimum pay per hour almost all workers are entitled to by law. 

These new rates apply from 1 April 2023.

Category of workerHourly rate
Aged 23 and above (national living wage rate) £10.42
Aged 21 to 22 inclusive £10.18
Aged 18 to 20 inclusive £7.49
Aged under 18 (but above compulsory school leaving age) £5.28
Apprentices aged under 19 £5.28
Apprentices aged 19 and over, but in the first year of their apprenticeship £5.28
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This has just been changed, prior to this sleeping time was considered working time for national minimum wage.
There has been an update to guidance on paying the National Minimum Wage (NMW) produced by the Department of Business, Energy and Industrial Strategy (BEIS) to include examples relating to sleep-in shifts, following on from the recent Supreme Court ruling on the topic.
The Supreme Court’s decision means that the period that a worker spends asleep on a sleep-in shift is not classified as working time for the purposes of NMW regulations, and so NMW only has to be paid for the time that they spend awake and working. It does not have to be applied when a worker is sleeping on shift.
Under the title of ‘special situations’, the guidance confirms that this stance alters in scenarios where workers are expected to perform various activities for all, or most of a shift, and only allowed to sleep where possible between tasks. The example of napping when not busy is provided. In these situations, then it would be reasonable to suggest that at least the NMW needs to be paid for the entirety of the shift, including for any time spent asleep.
Employers must provide adequate sleeping facilities for workers in order for NMW rules not to apply. If the correct sleeping facilities are not made available, then the NMW is applicable to the full duration of the shift.
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It has been confirmed that the new NMW rates which take effect from 1st October 2013 will be as follows:

The adult rate will increase by 12p to £6.31 per hour.

The rate for 18-20 year olds will increase by 5p to £5.03 per hour.

The rate for 16-17 year olds will increase by 4p to £3.72 per hour.

The apprentice rate will increase by 3p to £2.68 per hour.

The accommodation offset increases from £4.82 to £4.91

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