Fair Work Agency enforcement action reveals over 600 businesses in breach of minimum wage legislation

The first “naming and shaming” round and list issued since the Fair Work Agency (FWA) assumed responsibility for enforcing the national minimum wage has now been published.

Now in its 24th edition, the register lists employers identified as failing to pay workers at least the legal minimum wage, including how many employees were underpaid and the size of the shortfall.

In this latest round, 658 organisations were called out for underpaying more than 27,000 workers overall. The update also reports that roughly £7 million in penalties has been handed down, in addition to employers being required to repay the wages they withheld.

The most common causes of underpayment were:

• Deductions or adjustments that pushed pay below the threshold.

• Not paying staff properly for all hours worked.

• Failing to apply the increased minimum wage, or paying apprentices the wrong rate.

Minister for the Future of Work, Kate Dearden, stated:

“Underpaying your staff is illegal, and we will not let workers foot the bill for their boss failing to follow the rules."

“We’re making sure workers get the hard-earned pay they deserve, and where employers fall short, they will be held to account.”

“Name-and-shame” is only one element within a broader package of action currently used against employers who fail to pay staff correctly. This approach also involves repaying workers what they are due using the pay rate in force at the point enforcement takes place, rather than the rate that applied when the shortfall occurred, alongside the requirement to pay a penalty to the Government.

The Fair Work Agency (FWA) was created in April 2026 under the Employment Rights Act 2025 and serves as the new public enforcement body for workplace rights covering areas such as the minimum wage (while HMRC still delivers this under contract, the FWA is expected to assume full NMW enforcement from April 2027), the regulation of employment agencies, and tackling modern slavery. Over time, it will also take on state enforcement of statutory sick pay and holiday pay.

Talk to a Croner expert

Get up to date professional advice on National Minimum Wage and other key employment legislation.

Call a member of our Employment Law Advisory team on 0800 470 9999.