COMPLIANCE
Gary Henderson, manager on the national minimum wage (NMW) team at EY, explains why payroll teams should get ready for more NMW developments
Reacting and adapting to constant NMW change
C hange is constant in the world of NMW, and the same can be said in payroll. As the political landscape shifts – combined with a myriad of new case law judgements, updates to legislation and even altered approaches in compliance from HM Revenue and Customs (HMRC) – payroll teams play a never-ending game of cat and mouse with rules and regulations. In my work with payroll teams across the NMW spectrum I’ve felt that possibly more than ever in this past year and it’s unlikely that this pattern is going to change, particularly in the next few years. More responsibilities and a further need for fluidity is likely to be thrust on payroll teams as the new government introduce several new and strengthened policies around NMW, workers’ rights and similar areas. “As the political landscape shifts – combined with a myriad of new case law judgements, updates to legislation and even altered approaches in compliance from HM Revenue and Customs (HMRC) – payroll teams play a never-ending game of cat and mouse with rules and regulations” The key characteristic in my interactions with payroll teams each year – spanning dozens of payroll teams across large and small businesses – is the ability to react and adapt. Over the course of the past year, I’ve worked closely with several payroll teams in helping them implement new – and far more robust – time and attendance
recording processes to ensure their NMW compliance. We’ve worked hard to balance employee flexibility and a positive working culture with the growing asks of HMRC NMW compliance. NMW legislation can be a web of technicalities and subtle nuances, and these projects never have a ‘one size fits all’ solution. Looking ahead, it’s likely that HMRC will introduce additional responsibilities around real time information submissions, meaning businesses will be required to provide far more detailed time and attendance data each month. Some of the most successful pieces of work I’ve been a part of in the last year has been in preparing businesses for this and leaving them confident in their processes. Additionally, the autumn statement looks as though it will bring some big changes in the world of NMW in terms of both the rates themselves and how they are enforced. The Low Pay Commission, whose yearly recommendations form the benchmark of new NMW rates, has been instructed to incorporate the cost of living in next year’s suggested rates. This is a first. It’s also likely that we will see the end of ‘age-related’ NMW rates, with one unified national living wage and a standalone rate for apprentices. The subject of a single enforcement body, which was originally tabled at the turn of the decade, has been raised once again. This would take several workers’ rights areas and organisations – including NMW, holiday pay and modern slavery – and enforce them together under one umbrella. This is likely to result in a wider scope, more resourcing, and an intensified approach to NMW – and wider payroll – compliance. While this will create more challenges and new considerations for payroll professionals across the country, many will probably view it as business as usual as they react and adapt to the ongoing constant of change that comes in the payroll world. n
| Professional in Payroll, Pensions and Reward | October 2024 | Issue 104 26
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