National minimum wage — ‘travel time’ win for home care workers

In our last newsletter, we reported on some of the ‘headline-grabbing’ reasons given by employers for not paying the national minimum wage (NMW) and commented that the mundane reality is that many breaches are due to administrative, payroll or time-recording failures (e.g. failing to record time ‘on call’ or driving between work appointments and visits). To illustrate this point, HMRC has recently ruled that around 3,000 home care staff should receive a share of £600,000 in unpaid wages after their employer had not paid them for time spent travelling between care visits. Travel time between visits and appointments (as opposed to commuting time) will almost always be subject to NMW requirements…

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