In all pay and reward policies, UK employers must meet legal requirements. For example, on equal pay, the National Minimum Wage, as well as gender pay gap and chief executive pay ratio reporting. Find out more in our factsheet on pay fairness and reporting.
The National Minimum Wage applies to all workers aged 16 and over. The rate of the National Minimum Wage is reviewed annually in April, in-line with inflation. We update our Statutory Rates and Compensation Limits page in line with these changes.
While not a legal requirement, thousands of organisations also sign up to the voluntary Living Wage which is paid at a higher rate.
Law also governs that there should be equal pay for men and women performing equal work, as unequal pay is considered an aspect act of sex discrimination. Equal pay is the right for men and women to be paid the same for the same, or equivalent, work. We provide an employment law page on this.
Gender pay gap reporting is a requirement placed on certain organisations. The reporting is used as “a measure of labour market or workplace disadvantage, expressed in terms of a comparison between men’s and women’s average (median) hourly rates of pay. It’s about pay, but also about other factors.” An employment law page is provided on this.
While not a legal requirement, many large employers now report their pay data by ethnicity. Similarly, they also include details of pay and pensions in their job adverts. The CIPD’s 'Pay, performance and transparency' survey explores the steps employers are taking to be fairer and more transparent about pay.
People professionals must also be aware of the regulatory background and corporate governance standards when setting rewards for senior employees, including the requirement for large, listed UK businesses to publish and explain their chief executive pay ratios.
We commissioned research examining CEO reward from a behavioural science viewpoint and its impact on the rest of the workforce. Read our reports The power and pitfalls of executive reward: a behavioural perspective and The view from below: what employees really think about their CEO’s pay packet.
Our RemCo reform report explores how executive remuneration governance could be improved by broadening the remuneration committee’s remit to look at the outcomes of how people are managed, developed, rewarded and recognised. We examine the extent to which employee issues have an impact in this report.
Tips Act
As of 1 October 2024, a new law is applied to variable pay. The Employment (Allocation of Tips) Act 2023 requires that all employers in Great Britain, that operate in a sector that deals with tips, gratuities and service charges, follow the statutory Code of Practice on Fair and Transparent Distribution of Tips. The statutory code requires that where tips regularly go via the employer, the tips must be passed onto all workers fairly and in full, without deductions (except in very limited circumstances, such as deduction of income tax), within a month following the month in which they are paid. The percentage of tips allocated to each worker may be variable, however only with consideration of fairness at the forefront of the employer’s mind. Agency workers should be included in calculations of tip allocation.
To comply with the law, employers must have in place:
- A tipping policy – showing how tips are allocated, including any variations in percentage of share and the roles that will receive the tips. This policy should be made available to all workers.
- A statement of the workers’ right to request the records of tip allocation.
- A rolling three-year tipping record tracking tip acquisition and distribution.
Failure to comply with fair tip distribution can be brought as a complaint to tribunal within 12 months of the alleged error of distribution (or longer if Acas conciliation has delayed matters, or due to other mitigating circumstances). Complaints based on a failure to provide distribution information can also be brought; however, these must be brought within three months of the alleged failure. The act allows for enforcement action and potential compensation of up-to £5000.
Non-statutory guidance from the EHRC has been issued alongside the act. While the guidance is non-statutory, it provides useful examples of commonly-asked questions and stumbling blocks on this issue. For example:
- It is permissible to provide smaller percentages of tips to workers during probationary periods on the premise that equal treatment is maintained – for example, that both permanent staff and agency workers receive a reduced percentage of tip share during this period.
- Tips must be shared across the site that they are received at and must not be pooled across multiple sites of operation.
- The workers to be considered in the share of tips are those providing the service to customers; for example, door staff on a restaurant may be included, but the marketing manager may not. Employers will need to provide listed job roles and/or descriptions within their policy of tip allocation.
- Where a dispute arises over tip allocation, conciliation should be sought via Acas before the matter is referred to the tribunal system.
While there is no legal requirement for employers in Northern Ireland to distribute tips to their workers, the Department for the Economy is consulting to see whether it should introduce legislation to oblige employers to pass on tips in full in a fair and transparent manner. If so, it might create a code of practice to guide employers on how to meet their obligations.