Question

To ask the Secretary of State for Business, Innovation and Skills, what representations he has received on national minimum wage and travel time; and if he will take steps to publicise guidance on travel time and the national minimum wage.

The Government is clear that travel time and rest breaks between assignments should be paid at least the appropriate National Minimum Wage rate.

Despite this the Government has received information from a number of sources that there are concerns about the relationship between the National Minimum Wage (NMW) and travel time.

In response to these concerns the Government has taken a number of steps to publicise and inform employers and workers of the NMW rules around travel time:-

• the Department of Health have developed statutory guidance, in conjunction with a range of stakeholders, which refers to employment law and to HMRC guidance on payment of travel time, to help Local Authorities assure themselves that the care companies they contract with comply with NMW regulations.
• The Government has collaborated with care sector representative bodies to improve understanding of compliance risks and design controls within payroll systems that prevent workers being underpaid the minimum wage, in order to improve compliance.
• Guidance on Gov.uk has been updated to make it as clear as possible that travel time and rest breaks between assignments must be paid at least the NMW.

In addition, the Government will continue to work with the sector to ensure that understanding improves. This will include the Department of Health’s statutory guidance as part of the overall guidance on market shaping and commissioning, the final version of which will be published in Autumn 2014.