National Minimum Wage Regulations 2026: implications for UK health and safety law and business compliance

National Minimum Wage (Amendment) Regulations 2026 and the implications for UK health and safety law and business compliance

What has changed

The National Minimum Wage Regulations 2015 have been amended by the National Minimum Wage (Amendment) Regulations 2026. The amendments come into force on 1 April 2026. They set out updated minimum pay thresholds that organisations must observe for workers across sectors, including employees, agency workers and other qualifying staff whose pay falls near the statutory minimum.

Who is affected

The update applies to organisations across all sectors that employ staff at or near the minimum wage. It also affects suppliers and contractors where their pay arrangements fall under the minimum pay regime and are subject to UK health and safety law expectations around fair treatment and lawful remuneration.

Key duties for employers

To comply, organisations should:

• Audit current pay to identify staff who are affected by the amended thresholds
• Update payroll systems to apply the amended rates from 1 April 2026 and address any back pay due
• Review employment contracts and agency worker agreements to reflect updated pay
• Maintain accurate time and pay records and ensure ready access during inspections
• Provide training for HR and payroll staff on the changes and their implications
• Establish governance checks to monitor ongoing compliance and annual reviews

Enforcement and sanctions

Enforcement of the National Minimum Wage is carried out by HM Government, and non compliance can result in back pay and penalties. Organisations should prepare for potential investigations and ensure auditable processes to demonstrate compliance.

Steps to achieve compliance

1. Confirm the amended rate and the scope of the regulation with HMRC guidance
2. Run a payroll reconciliation to identify affected staff and back pay due
3. Update payroll software, HR policies and contractor agreements
4. Communicate the changes to staff, managers and suppliers with clear timelines
5. Document controls and governance to support ongoing regulatory compliance

Governance and integration: Where relevant, align with an ISO 45001 health and safety management system to strengthen governance and oversight of regulatory compliance. See ISO 45001 occupational health and safety management for systematic control of workplace risk and legal compliance.

The update underscores that paying workers at or above the amended minimum is a legal duty and a fundamental element of responsible business practice. A proactive response helps protect workers, safeguards operational continuity and reduces compliance risk within UK health and safety law obligations.

As a practical step, organisations should also consider how governance, competent advice and risk assessment processes can support compliance; for example through reliable health and safety risk assessments and competent person support.

Wrap-up: Timely planning, robust payroll governance and proactive engagement with workers and suppliers are essential to demonstrate compliance and maintain high standards of worker remuneration and regulatory adherence within UK health and safety law.