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BIS publish updated guidance on calculating NMW and NLW

BIS have published an updated guide which provides advice on calculating the the National Minimum Wage (NMW), and the new National Living Wage (NLW), to help employers comply with the legislation. The 55-page document provides comprehensive practical advice and examples to explain: (i) eligibility for the minimum wage (used collectively to refer to both NMW and NLW); (ii) what counts and does not count as pay and working hours for minimum wage purposes; (iii) how to calculate the minimum wage; and (iv) how the minimum wage will be enforced. Section 3: ‘Working hours for which the minimum wage must be paid’, provides general guidance on sleeping between duties and time spent travelling on business, but given recent appellate courts judgments and the complexity of such arrangements, taking legal advice may be appropriate. 

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The aim is to provide summary information and comment on the subject areas covered. In particular, where employment tribunal and appellate court cases are reported, the information does not set out full details of all the facts, the legal arguments presented by the parties and the judgments made in every aspect of the case. Click on the links provided to access full details. If no link is provided contact us for further information. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.

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