The government has published list of 491 employers showed breaches ranging from over £800,000 owed in total to over 3,000 workers to the smallest breach of £244 owed to a single worker. The list includes four organisations that employ pharmacists:
- The 17th largest breach was Lincolnshire Co-Operative Limited, Lincoln, LN5, a member of the Company Chemists Association, who failed to pay £42,103.11 to 12 workers.
- The 82nd largest breach was University Hospitals Birmingham NHS Foundation Trust, Birmingham, B15, who failed to pay £8,086.15 to 27 workers.
- The 99th largest breach was Jhoots Healthcare Limited*, Walsall, WS4, who failed to pay £6,629.43 to 39 workers.
- The 345th largest breach was Amy Pharma Ltd, London Borough of Haringey, N8, who failed to pay £1,144.24 to 2 workers.
*It should be noted out that the Jhoots Healthcare Limited which breached minimum wage legislation is a different business to the Jhoots companies which were subject to the 44-minute parliamentary debate this week about their inadequacy as a pharmacy provider. Jhoots Healthcare Limited now trade as JHL Pharmacies.
By virtue of the fact these breaches of employment law were in the government report, the employers in question should have since paid back what they owe to their staff, and faced financial penalties of up to 200% of the sum they had underpaid.
On the breaches, Minister for Employment Rights, Kate Dearden said, “This government is taking direct action to ensure workers get every penny they’ve earned, and to put an end to bad businesses undercutting good ones. We are proud to have delivered a strong minimum wage and enforcing it thoroughly is crucial in our mission to put pounds back in your pocket.
I know this news will be welcomed by brilliant businesses across the country, those who know that happy well-paid staff are at the heart of building a successful company. With our new Fair Work Agency and the coming Employment Rights Bill, this government is keeping our promise to Britain to make work pay again.”
Baroness Philippa Stroud, Chair of the Low Pay Commission, said, “We are pleased the Government is keeping up momentum with the publication of today’s naming round. It is vital that businesses understand the mistakes which can lead to underpayment, and that workers know where to go to enforce their rights.
Continuing to raise the profile of the NMW enforcement system will give the Fair Work Agency a solid foundation when it comes into operation next year.”
Minimum Wage & Foundation Trainees
The breaches highlighted by government are unlikely to have involved pharmacists, as their rates of pay should be significantly above minimum wage levels. However, the PDA has previously highlighted the risk that some Foundation Trainees could be paid less than the minimum wage if they work beyond their contracted hours; this is especially the case in England. This remains an active concern and any business employing a foundation trainee should check the actual hourly rate the individual is receiving.
The national living wage for those aged 21 and over is £12.21 per hour worked.
Paul Day, PDA Union Director added, “It is more than disappointing to see any pharmacy employer named as breaching any part of employment law. On rates of pay, the contribution of a foundation trainee should be valued at far more than the minimum wage and if any PDA member believes they may be being paid unlawfully low rates they should contact us. It should be reiterated that an employer requesting a trainee undertake additional hours without extra pay would reduce the minimum hourly rate being paid and for some this could breach legislation.”
The minimum wage law applies to all parts of the UK, and if pharmacists or foundation trainees suspect they may be being paid less than the minimum wage they can
- Visit www.gov.uk/checkyourpay to find out more about what they can do.
- Visit the Acas website for free, impartial and confidential advice or complain to HM Revenue and Customs (HMRC) at Pay and work rights helpline and complaints
- Contact the PDA
HMRC will consider all complaints from workers, so workers are being reminded to check their pay with advice available through the Check your pay website
Employers should also carry out the necessary checks to prevent such breaches – see the guidance: Calculating the Minimum Wage
Learn more
- NHS England must properly value trainee pharmacists | The Pharmacists’ Defence Association
- Over £7.4 million put back in working people’s pockets by employers – GOV.UK
- What is it? | Living Wage Foundation
- National Minimum Wage and National Living Wage rates – GOV.UK (www.gov.uk)
- TUC sets out roadmap to a £15 minimum wage and high wage economy | TUC
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