M&S, Argos and WH Smith among 200 companies ‘named and shamed’ for not paying minimum wage - see the full list

21 June 2023, 14:03 | Updated: 22 June 2023, 12:55

Argos, M&S and WH Smith are among some 200 companies that have been collectively fined £7m for failing to pay staff the minimum wage.

Retailers WH Smith, M&S and Argos have been “named and shamed” by the Department for Business and Trade (DBT) for not paying some 63,000 staff members the legal minimum wage in a 2019 review conducted by HMRC.

Inspectors from HMRC found that those on the list had made multiple breaches, including by deducting pay from staff for new uniforms and paying the wrong apprenticeship wage.

For those aged 23 and over, the legal minimum wage is £10.42, which rose from £9.50 in April. The legal minimum hourly wage, which includes apprentices and under-18s, is £5.28.

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The firms who failed to pay their staff adequately will be made to reimburse their staff and have also been issued fines.

The government said those on the list will “face the consequences” of failing to properly pays staff.

Although it is uncertain how much M&S, Argos and WH Smith have been fined, the government said it is up to 200% of the arrears they owed, the BBC reported.

WH Smith failed to pay more than £1.2m to over 17,600 of its workers, working out at about £58 each, making it the worst offender among those listed.

In this instance staff were forced to pay out of their own pocket when the company issued a new uniform policy, instead of covering the cost itself.

Staff were instructed to wear black trousers, skirts or shoes with the accompanying WH Smith uniform.

A spokesman for WH Smith said it was a “genuine error” and that they had reimbursed staff since.

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They said: “Following a review with HMRC in 2019, and in common with a number of retailers, it was brought to our attention that we had misinterpreted how the statutory wage regulations were applied to our uniform policy for staff working in our stores.

"This was a genuine error and it was rectified immediately with all colleagues reimbursed in 2019.”

Also on the list was Lloyds Pharmacy, second from the top, for making the same mistake with uniforms, as it underpaid staff by a total of £903,307.

A spokesman for the pharmacy said: “As soon as we were made aware, we acted quickly to notify affected colleagues and reimburse them.

“We also updated our policy to ensure it did not recur.”

Supermarket retailer M&S left 5,363 out of pocket by £578,391, at over £100 each, as it said the error developed after failing to pay temporary staff fast enough.

An M&S spokesman said: “Like many other organisations, M&S is only named in the NMW list because of an unintentional technical issue from over four years ago.

"This happened simply because temporary colleagues were not paid within the strict time periods specified in the NMW Regulations and was remedied as soon as we became aware of the issue.

"Our minimum hourly pay has never been below the national minimum wage, it is currently above it and no colleagues were ever underpaid because of this.”

Bryan Sanderson, chair of the Low Pay Commission said: "The minimum wage acts as a guarantee to ensure all workers without exception receive a decent minimum standard of pay.

"Where employers break the law, they not only do a disservice to their staff but also undermine fair competition between businesses.

"Regular naming rounds should be a useful tool in raising awareness of underpayment and helping to protect minimum wage workers."

The DBT found that 39% of 200 companies had deducted pay from workers’ pay, 39% did not pay workers correctly for the time worked, and 21% had paid the incorrect apprenticeship rate.

Kevin Hollinrake, the minister for enterprise, markets and small business acknowledged that some of the underpayments were down to genuine error, but added that “there is no excuse for underpaying workers”.

He said: “Most businesses do the right thing and look after their employees, but we’re sending a clear message to the minority who ignore the law: pay your staff properly or you’ll face the consequences.”

Heavenly desserts, who was also on the list for failing to pay £594.62 to 3 workers, said: “We can confirm that Heavenly Desserts, as outlined in the latest announcement from the government yesterday, has paid what it owes to its staff and apologises profusely to all those that were impacted due to this regrettable error made by Al-Haqq UK Ltd, trading as Heavenly Desserts.

“We take these situations very seriously and have a strict policy with regards to statutory pay requirements which must be adhered to in conjunction with the franchise agreement. We are committed to the welfare of our entire team which includes all franchises within the Heavenly Desserts network, and we continue to dedicate time and effort to our people which has been supported by our recent appointment of a head of learning and development, Mimi Elias, who will contribute to staff training and education opportunities cross all stores and regions.”

Companies fined for pay breaches

1. WH Smith failed to pay £1,017,693.36 to 17,607 workers
2. Lloyds Pharmacy failed to pay £903,307.47 to 7,916 workers
3. Marks and Spencer (M&S) failed to pay £578,390.79 to 5,363 workers
4. Argos failed to pay £480,093.58 to 10,399 workers
5. Buzz Group Limited failed to pay £319,297.21 to 3,448 workers
6. Baxterstorey Limited failed to pay £185,242.24 to 2,166 workers
7. McNicholas Construction Services Limited failed to pay £170,517.57 to 704 workers
8. Showsec International Limited failed to pay £107,835.49 to 5,574 workers
9. Brunning and Price Limited failed to pay £98,675.37 to 1,500 workers
10. Chanel Limited failed to pay £70,413.59 to 250 workers
11. AAH Limited failed to pay £42,359.39 to 201 workers
12. Mr John Bowden & Mr Gary Bowden, trading as Dulhorn Farm Holiday Park failed to pay £37,880.77 to 13 workers
13. 4 Site Security Services Limited failed to pay £36,388.31 to 170 workers
14. UK Pharmaservices Ltd failed to pay £35,094.66 to 13 workers
15. Victor Foster Poultry Services Limited failed to pay £33,045.17 to 284 workers
16. Loganair Limited failed to pay £24,367 to 43 workers
17. Tudor Employment Agency Limited failed to pay £22,606.96 to 930 workers
18. Wellingstone Ltd, trading as East Orient Buffet Restaurant failed to pay £21,127.65 to 8 workers
19. Dune Group Limited failed to pay £21,088.48 to 339 workers
20. OMI Facilities Limited failed to pay £20,622.77 to 9 workers
21. The Lion Hotel (Criccieth) Limited, trading as The Lion Hotel failed to pay £20,322.27 to 9 workers
22. Executive Sport Limited failed to pay £20,200.34 to 8 workers
23. Lemon Tree Manchester Ltd failed to pay £18,976.19 to 17 workers
24. TFL Service Centre Limited - Liquidation 13/12/21, traded as Wimbledon Service Centre failed to pay £18,377.98 to 7 workers
25. ALG Cognita Limited failed to pay £17,364.51 to 318 workers
26. Twenty Four Seven Recruitment Services Limited failed to pay £17,049.34 to 213 workers
27. Macdonald Hotels (Management) Limited failed to pay £16,111.76 to 64 workers
28. Kuehne + Nagel Limited failed to pay £14,589.92 to 173 workers
29. Hall & Woodhouse Limited failed to pay £14,354.5 to 23 workers
30. Hickory’s (ROS) Limited, trading as Hickory’s Smokehouse failed to pay £14,141.12 to 157 workers
31. Baxterstorey Scotland Limited failed to pay £13,618.29 to 186 workers
32. Oulton Hall Hotel Trading Limited failed to pay £13,326.97 to 66 workers
33. Momentum Instore Limited failed to pay £12,501.51 to 434 workers
34. Arnold Clark Automobiles Limited failed to pay £12,215.56 to 48 workers
35. Park View Health Clubs Limited failed to pay £12,191.87 to 4 workers
36. Morleys Stores Limited failed to pay £11,640.77 to 78 workers
37. Lex Legal (UK) Ltd failed to pay £11,559.42 to 10 workers
38. Oasis and Warehouse Limited failed to pay £10,963.70 to 996 workers
39. Oxford United Football Club Limited failed to pay £10,826.74 to 31 workers
40. Elite Recruitment Agency Limited failed to pay £10,554.39 to 1 worker
41. Holroyd Howe Limited failed to pay £10,302.15 to 129 workers
42. Mr Paul Wright, trading as Baccarat Hair Design failed to pay £10,178.71 to 9 workers
43. Verve Personnel Limited failed to pay £10,124.04 to 794 workers
44. Contemplation Homes Limited failed to pay £10,095.23 to 87 workers
45. The Park Hotel Ayrshire Limited failed to pay £10,088.99 to 129 workers
46. Portway Crown Limited failed to pay £9,809.24 to 3 workers
47. Thomas Commercial Cleaning Limited failed to pay £9,762.56 to 6 workers
48. Delta Crewe Hall Op Co Limited failed to pay £9,626.89 to 29 workers
49. Top Nails Livingston Ltd failed to pay £9,266.40 to 5 workers.
50. Acropolis Corporate Limited failed to pay £9,150.60 to 56 workers
51. Avondale Foods (Craigavon) Limited, Craigavon, BT66, failed to pay £9,007.35 to 149 workers.
52. Delta Telford Op Co Limited failed to pay £8,871.76 to 12 workers
53. M1 Valet Centre Ltd failed to pay £7,807.71 to 3 workers
54. Warrington Football Club Limited (The), trading as Warrington Wolves failed to pay £7,720.61 to 34 workers
55. Mr Faried Khan, trading as The News Shop failed to pay £7,393.47 to 1 worker
56. Hudsons 23 Limited, trading as 23 Taxis failed to pay £7,190.46 to 83 workers
57. Dazzle Pristine Car Wash & Vehicle Servicing Ltd failed to pay £7,051.08 to 5 workers
58. Lucknam Park Hotels Limited failed to pay £6,990.12 to 33 workers
59. PFF Packaging (Sedgefield) Limited failed to pay £6,115.36 to 99 workers
60. Mr Harbhajan Singh Walia, trading as Parkside International Hotel failed to pay £5,936.40 to 2 workers
61. D & F Trading Ltd failed to pay £5,920.22 to 7 workers
62. Elvis Car Wash Ltd failed to pay £5,768.98 to 3 workers
63. Roka Mayfair Limited failed to pay £5,741.87 to 16 workers
64. Mr Jangi Ismail Hamid failed to pay £5,714.27 to 6 workers
65. The House of Bruar Limited failed to pay £5,543.80 to 57 workers
66. Thanet Early Years Project failed to pay £5,487.97 to 27 workers
67. Delta Forest Pines Op Co Limited, trading as DoubleTree by Hilton Forest Pines Spa & Golf Resortfailed to pay £5,471.81 to 17 workers
68. Nurse 365 Limited failed to pay £5,238.01 to 8 workers
69. Ross Labels Limited failed to pay £5,221.27 to 106 workers
70. Little Poppets Nurseries Limited failed to pay £5,214.88 to 19 workers
71. Tenpin (Scotland) Limited, trading as Pro Bowl Glenrothes failed to pay £5,174.65 to 1 worker
72. Virgin Active Limited failed to pay £5,074.96 to 80 workers
73. Dr Tyrone Castles, trading as The Royal Hotel failed to pay £4,974.72 to 9 workers
74. All Day Recruitment Limited failed to pay £4,896.57 to 25 workers
75. Casual Dining Restaurants Group Limited failed to pay £4,647.70 to 20 workers
76. Hatch Brothers Limited, trading as Genesis Crafty failed to pay £4,439.53 to 7 workers
77. Royal Northern & Clyde Yacht Club failed to pay £4,426.73 to 1 worker
78. Express Valeting Limited failed to pay £4,338.3 to 3 workers
79. Cater Link Limited failed to pay £4,285.35 to 61 workers
80. Day of Sunshine (UK) Ltd failed to pay £4,275.19 to 2 workers
81. Tot Stop Pre School & Early Years Centre Ltd failed to pay £4,213.77 to 10 workers
82. H.S. Walia Limited, trading as Lawn & Parkside International Hotels failed to pay £4,198.85 to 1 worker
83. Velocity Interactive failed to pay £3,868.40 to 2 workers
84. B H Live failed to pay £3,757.43 to 130 workers
85. Few Inns Limited failed to pay £3,756.10 to 6 workers
86. Hunter’s Moon UK Limited, trading as Margaret Kimber failed to pay £3,653.22 to 8 workers
87. The Organic Hair Company Limited failed to pay £3,590.83 to 4 workers
88. Ms Dimitroulla Antoniou, trading as Montage failed to pay £3,579.72 to 2 workers
89. Little Sunbeams Pre-School failed to pay £3,561.97 to 9 workers
90. Reahs Restaurant Ltd, trading as The Portmor failed to pay £3,292 to 8 workers
91. Delta Park Op Co Limited failed to pay £3,242.59 to 26 workers
92. Landlet Limited failed to pay £3,224.06 to 9 workers
93. Toolstation Limited failed to pay £3,090.18 to 79 workers
94. USA Car Wash (Derby) Limited failed to pay £3,005.10 to 9 workers
95. The Inveraray Inn Limited, trading as The George Hotel failed to pay £2,933.93 to 25 workers
96. Blackpool Pleasure Beach Limited failed to pay £2,866.95 to 12 workers
97. Eunoia Enterprises Limited failed to pay £2,798.84 to 31 workers
98. Mrs Pauline Butfield, trading as Pauline’s Hair & Beauty failed to pay £2,791.84 to 1 worker
99. Bubbles Sussex Services Limited failed to pay £2,654.37 to 9 workers
100. Ridgeway Private Day Nursery Limited failed to pay £2,600 to 3 workers
101. K&R Blue Bakery Limited failed to pay £2,574.87 to 4 workers
102. Integra Accounting Limited failed to pay £2,566.42 to 5 workers
103. Crofton Park Cars Ltd failed to pay £2,549.48 to 1 worker
104. The Young Explorers Day Nursery Limited failed to pay £2,521.93 to 14 workers
105. Mr Kristopher George Shenton, trading as KGS Gas Services failed to pay £2,428.96 to 1 worker
106. O’Connor’s Restaurant Ltd, trading as O’Connor’s Bar and Restaurant failed to pay £2,413.89 to 1 worker
107. WGAB Limited, trading as Excel Clothing failed to pay £2,369.12 to 18 workers
108. ITL (North East) Limited failed to pay £2,346.53 to 2 workers
109. Mer Manor Operations Limited failed to pay £2,332.78 to 98 workers
110. Arcadia Group Limited failed to pay £2,233.19 to 109 workers
111. Curran Court Hotel 2017 Limited failed to pay £2,003.07 to 63 workers
112. Copona Limited failed to pay £1,994.61 to 1 worker
113. OMI Management Ltd failed to pay £1,983.23 to 2 workers
114. MJ Services East Limited failed to pay £1,977.97 to 2 workers
115. Careers Advice & Learning Centre Limited failed to pay £1,972.73 to 6 workers
116. Disha (Newcastle) Ltd, trading as Subway failed to pay £1,948.98 to 2 workers
117. Core Assetz Ltd failed to pay £1,928.61 to 3 workers
118. Phoenix Eye Ltd failed to pay £1,917.07 to 301 workers
119. Arla Foods Limited failed to pay £1,916.60 to 14 workers.
120. Calmac Services Limited, trading as Riverside Vets Canvey failed to pay £1,912.81 to 1 worker
121. Central Fitness Limited failed to pay £1,909.17 to 1 worker
122. Jettco Plastering Limited failed to pay £1,905.95 to 1 worker
123. Mr Makudur Rahman, trading as Ghandi Indian Restaurant failed to pay £1,896.70 to 2 workers
124. Mack Daddys Gloucester Road Limited failed to pay £1,863.80 to 2 workers
125. Mr Vinodrai Pranjivanbhai Tanna, trading as Tanna Pharmacy failed to pay £1,815.53 to 1 worker
126. Grimethorpe Hand Car Wash Ltd failed to pay £1,793.29 to 1 worker
127. George Day Nurseries Limited, trading as Orpington Day Nursery failed to pay £1,776.75 to 4 workers
128. Mrs Karen Wells, trading as Cream Hair Design failed to pay £1,776.15 to 2 workers
129. Mrs Patricia Jervis, trading as Bumble Beez failed to pay £1,768.87 to 7 workers
130. Wren Kitchens Limited failed to pay £1,675.73 to 16 workers
131. Bendart Limited, trading as Blackwell Print failed to pay £1,585.08 to 2 workers
132. Uppal Convenience Stores Limited, trading as Spar, Runcorn failed to pay £1,574.02 to 1 worker
133. Mrs Zara Emma Mason, trading as The Lamb Inn failed to pay £1,567.39 to 3 workers
134. Checkpoint Car Care Ltd failed to pay £1,532.25 to 2 workers
135. Mr Richard Woodland, trading as Woodland Autos failed to pay £1,530.42 to 1 worker
136. Westbourne Leisure Limited, trading as The Strawberry Bank Hotel failed to pay £1,513.44 to 31 workers
137. The Pit Stop (Colchester) Limited failed to pay £1,474.69 to 1 worker
138. Mrs Helen Wilson, trading as The Hygiene Machine failed to pay £1,462.26 to 2 workers
139. Delta Ashford Op Co Limited, trading as Ashford International Hotel failed to pay £1,435.91 to 12 workers
140. Version Limited, trading as La Coupe Studio failed to pay £1,428.01 to 1 worker
141. M R Academy Limited traded as Sugarcoat Nails failed to pay £1,391.42 to 3 workers
142. Ms Joanne Sarabia, trading as Secrets Hair & Beauty failed to pay £1,373.90 to 1 worker
143. Springvale Leather Limited failed to pay £1,373.23 to 1 worker
144. The Trading Mill Limited failed to pay £1,336.33 to 4 workers
145. Dudley Taylor Pharmacies Limited failed to pay £1,276.45 to 174 workers
146. St. Nicholas House Ltd failed to pay £1,178.53 to 2 workers
147. Whitbread Group PLC failed to pay £1,118.37 to 1 worker
148. Glowing Global Advertising Limited failed to pay £1,116.99 to 4 workers
149. Sahara Global Ltd, trading as A1 Hand Car Wash failed to pay £1,087.87 to 4 workers
150. Delta Chesford Grange OP CO Limited, trading as Chesford Grange Hotel failed to pay £1,066.21 to 6 workers
151. Vue Cinemas (UK) Limited failed to pay £1,029.13 to 8 workers
152. Heritage Hotels Blackpool Limited traded as Melville Hotel failed to pay £1,027.65 to 2 workers
153. Nail Retreat London Limited failed to pay £1,015.23 to 2 workers
154. D&M Middleton Limited failed to pay £960.64 to 4 workers
155. Bar Lounge Limited failed to pay £951.17 to 23 workers
156. BNP Paribas Real Estate Advisory & Property Management UK Limited failed to pay £933.12 to 3 workers
157. Portal Security Ltd failed to pay £927.61 to 55 workers
158. North Norfolk Hospitality Limited, trading as The Cliftonville Hotel failed to pay £908.56 to 3 workers
159. Serenity Health Care (Team) Ltd failed to pay £904.09 to 2 workers
160. The Rides Motor Services Limited failed to pay £877.42 to 3 workers
161. St. Mark’s Pre-School failed to pay £870.55 to 6 workers
162. Little Treasures Nurseries Kirton Ltd failed to pay £866.01 to 2 workers
163. Mr Rassul Kadir, trading as Talbot Road Car Wash failed to pay £864.80 to 5 workers
164. Mr Thomas O’Brien & Mr Lee Taylor, trading as Chambers Hair Design failed to pay £858.90 to 1 worker
165. Elmhurst School Limited failed to pay £829.32 to 1 worker
166. Amira G Foods Limited failed to pay £796.43 to 1 worker
167. Mr R.E. Blair and Mrs June Victoria Blair, trading as Higher Trenoweth Farm failed to pay £776.76 to 1 worker
168. Comptons 2000 Limited failed to pay £772.36 to 3 workers
169. LDH Hotels Limited, trading as The Tongue Hotel failed to pay £771.48 to 11 workers
170. Pizza & Co West Road Limited failed to pay £757.62 to 1 worker
171. Tangerine Properties Ltd failed to pay £743.21 to 5 workers
172. Ms Claire Frances, trading as Claire Frances Hairdressing failed to pay £739.02 to 1 worker
173. Delta Hampshire Court Op Co Limited, trading as Hampshire Court Hotel failed to pay £737.96 to 10 workers
174. Delta Stratford Manor Op Co Limited failed to pay £728.77 to 8 workers
175. Fintax UK Limited failed to pay £727.79 to 3 workers
176. Forza GB (Great Britain) Ltd failed to pay £721.34 to 2 workers
177. Benugo Limited failed to pay £717.80 to 12 workers
178. AMYU Limited traded as Golden Spice Kebab House failed to pay £710.20 to 4 workers
179. Old Plaza Ltd failed to pay £692.60 to 15 workers
180. The Governors, trading as Pheasey Park Farm Primary School and Children’s Centre failed to pay £683.58 to 8 workers
181. You Me Thai Ltd failed to pay £667.70 to 2 workers
182. The Network (Field Marketing & Promotions) Company Limited, trading as JYL Hand to Hand failed to pay £661.37 to 14 workers
183. Ripon Spa Hotel Limited failed to pay £654.85 to 8 workers
184. Social Care Alba Ltd failed to pay £650.38 to 8 workers
185. The H Room Limited failed to pay £639.67 to 4 workers
186. Eurotherm Limited failed to pay £639.67 to 7 workers
187. Mr Henry Gornall, Mrs Joesphine Gornall, Mrs Lisa Gornall and Mr Richard Gornall, trading as The Hideaway at Windermere failed to pay £620.75 to 3 workers
188. Anthony John Salons Limited failed to pay £615.46 to 1 worker
189. The Learning Mill Ltd failed to pay £612.69 to 1 worker
190. Moses Basket Ltd, trading as Happi Feet failed to pay £610.65 to 10 workers
191. Super Noodles Catering Limited failed to pay £601.24 to 1 worker
192. Al-Haqq UK Ltd, trading as Heavenly Desserts failed to pay £594.62 to 3 workers
193. Delta Belton Woods Op Co Limited failed to pay £587.56 to 3 workers
194. 727 Your Store Limited failed to pay £580.37 to 1 worker
195. The Green Courier Limited, trading as Churchill Express failed to pay £576.08 to 1 worker
196. Tyre Torque Doncaster Limited failed to pay £566.16 to 6 workers
197. United Church Schools Trust failed to pay £554.82 to 2 workers
198. Global Education Management Systems Limited failed to pay £530.42 to 1 worker
199. Mr Shobuz Ali, trading as Khalisa Indian Restaurant L16, failed to pay £526.07 to 2 workers
200. JJJ-D Corporation Ltd failed to pay £509.20 to 10 workers
201. Edenmore Golf & Country Club Ltd failed to pay £506.52 to 11 workers
202. Mr Patrick Ginnelly failed to pay £502.37 to 1 worker