{"id":13620,"date":"2025-09-30T19:12:32","date_gmt":"2025-09-30T19:12:32","guid":{"rendered":"https:\/\/www.brightmine.com\/uk\/?post_type=resources&p=13620"},"modified":"2026-04-27T11:44:02","modified_gmt":"2026-04-27T11:44:02","slug":"national-minimum-wage-misconceptions","status":"publish","type":"resources","link":"https:\/\/www.brightmine.com\/uk\/resources\/hr-compliance\/pay-and-benefits-compliance\/minimum-wage\/national-minimum-wage-misconceptions\/","title":{"rendered":"Mythbusting: National minimum wage misconceptions that catch employers out"},"content":{"rendered":"\n
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by Lilia Dangi<\/strong>, Brightmine Legal Editor<\/p>\n<\/div>\n\n\n\n

Below, we tackle some of the most common misconceptions, drawing on recent case law and HMRC guidance<\/a>, and set out what HR, payroll and compliance<\/a> teams need to know.<\/p>\n\n\n\n

Myth 1: Minimum wage laws are simple<\/h2>\n\n\n\n

Myth<\/strong>: Some employers may think that complying with the NMW is simply a matter of ensuring workers receive the correct hourly rate.<\/p>\n\n\n\n

Reality<\/strong>: NMW compliance involves considering various aspects of a worker’s employment. For example, employers must account for the type of work being performed (eg a night security guard who is required to remain alert throughout a shift), how working hours are recorded (including salaried hours work, time work, output work and unmeasured work), and whether all relevant time such as training, travel between work assignments and time spent waiting for job tasks is correctly included in wage calculations. Overlooking these factors, even accidentally, may result in organisations facing enforcement action, reputational damage and liability for arrears.<\/p>\n\n\n\n

Myth 2: All travel time must be paid at NMW rates<\/h2>\n\n\n\n

Myth<\/strong>: Some employers believe that travel time (whether commuting from home to work, travelling between client appointments or job sites, or riding in a company vehicle) should be counted as paid working time under NMW rules. This misunderstanding is particularly common in sectors like agriculture, construction and domiciliary care, where employers routinely provide transport.<\/p>\n\n\n\n

Reality<\/strong>: Not all travel counts as “working time” for NMW purposes. The general rule is that travelling for the purpose of work is included as working time, but travel between the employee’s home and the first or last place of work is excluded, even if the employer arranges transport.<\/p>\n\n\n\n

The simple fact of being in an employer’s vehicle does not automatically qualify as working time for NMW. For travel time to be counted, the worker must be travelling for the purpose of working – that is, in connection with their employment and under instruction or obligation from the employer. Time when a worker would otherwise be working is normally included. This includes situations where a worker is required to:<\/p>\n\n\n\n