Employment Law Cases

NMW: retention of records

The period for which employers, liable to pay the National Minimum Wage (NMW), must retain records has been doubled.

The statutory instrument (SI) which officially increases the rates of the NMW has been published. It confirms the new NMW rates from April 2021 which were announced in the November 2020 spending review. However, also included in the SI is an announcement that from 1 April 2021, employers liable to pay the NMW must now keep records for 6 years (previously it was 3 years). And this obligation applies to records made before 1 April 2021 if the employer was already required to keep such records (under reg. 59 of the National Minimum Wage Regulations 2015).