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Where Taxpayers and Advisers Meet

Under payment of Nat Min Wage

GabrielleLaycock
Posts:1
Joined:Thu Aug 12, 2021 10:33 am
Under payment of Nat Min Wage

Postby GabrielleLaycock » Thu Aug 12, 2021 10:51 am

I was underpaid NMW as a care worker from 2011 -2012 . I was not fully paid for all the hours I worked and wasn't paid for my travel time between clients.

I contacted HRMC NMW enforcement but it took over 2 years for them to get back my stolen wages. In fact I had to force them to do their job as they were hellbent on protecting my employer. I refused to let this go and involved my MP and the then Secretary of State for Business Innovation and Skills Vince Cable. Finally 32 months on HMRC issued a Notice of None Payment of NMW to my employer and I was finally paid £850 of my stolen wages. This was my only income that year as I had no paid employment.

However, HMRC has confirmed in a SARS reuest to me that I paid £170.20 Tax and £21.60 NI. How to I get this money back and to whom do I write to get this money back. Many thanks.

darthblingbling
Posts:417
Joined:Wed Aug 02, 2017 9:09 pm

Re: Under payment of Nat Min Wage

Postby darthblingbling » Fri Aug 13, 2021 2:50 pm

NI you're unlikely to be able to get back as it's based on employment earnings paid in an earnings period. Does seem a bit high however assuming you were paid monthly.

Tax, assuming you're resident in the UK and this will be your only income for the tax year will be refundable. In my experience you may need to wait until the tax year is over, but I have heard HMRC may refund it earlier if you contact them and demonstrate that this is going to be your only taxable income and ideally need the refund of tax now.

Surprised HMRC would vigorously defend an employer as they usually find any NMW breach and hammer down on it hard as it's good press for them.

bd6759
Posts:3588
Joined:Sat Feb 01, 2014 3:26 pm

Re: Under payment of Nat Min Wage

Postby bd6759 » Sun Aug 15, 2021 10:56 pm

The recovered wages are for the year you were employed, not for the year you received them.

darthblingbling
Posts:417
Joined:Wed Aug 02, 2017 9:09 pm

Re: Under payment of Nat Min Wage

Postby darthblingbling » Sun Aug 15, 2021 11:37 pm

You're right, for tax its earlier of legal entitlement or payment, which in the case of NMW arrears is likely to be when it should have been originally paid.

NI is still based on whether or not it's paid within the pay reference period however.


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