{"id":7201,"date":"2026-09-08T10:23:54","date_gmt":"2026-09-08T09:23:54","guid":{"rendered":"https:\/\/www.bainesjewitt.co.uk\/blog\/?p=7201"},"modified":"2026-09-08T09:23:57","modified_gmt":"2026-09-08T09:23:57","slug":"three-costly-payroll-compliance-risks-every-small-business-needs-to-be-aware-of","status":"publish","type":"post","link":"https:\/\/www.bainesjewitt.co.uk\/blog\/three-costly-payroll-compliance-risks-every-small-business-needs-to-be-aware-of\/","title":{"rendered":"Three costly payroll compliance risks every small business needs to be aware of"},"content":{"rendered":"<p>Evolving compliance requirements mean the goalposts for payroll compliance are regularly moving and the risk of financial penalties is increasing.<\/p>\n<p><!--more--><\/p>\n<p>With HMRC marching towards automation, digital enforcement and stricter reporting guidelines, even well-meaning employers might find themselves breaking the rules.<\/p>\n<p>Understanding these common, yet costly, payroll compliance mistakes can help your business stay one step ahead.<\/p>\n<h3><strong>Incorrect classification of workers<\/strong><\/h3>\n<p>When an employee is incorrectly classified, errors in tax, National Insurance, statutory payments and pension deductions can arise.<\/p>\n<p>Incorrect classification can be easily done. For payroll, this might mean treating a team member as a temporary contractor or a part-time employee as a full-time worker, for example.<\/p>\n<p>For unpaid tax because of misclassification, HMRC can impose fines based on the \u2018potential lost revenue\u2019.<\/p>\n<p>If you can prove the payroll mistake was an innocent one, fines can be avoided. Where errors are non-deliberate but careless, HMRC can impose 30 per cent fines of lost revenue.<\/p>\n<p>As these fines are only add-ons, businesses are still legally required to pay back the full lost tax revenue as well.<\/p>\n<p>Giving workers correct classifications requires careful payroll due diligence, as carelessness might be costly for SMEs.<\/p>\n<h3><strong>Underpaying the National Living\/Minimum Wage<\/strong><\/h3>\n<p>The rising minimum wage floor might lead to accidental wage violations from employers.<\/p>\n<p>The statutory minimum pay has been rising consistently over the last few years, with the UK National Living Wage (NLW) increasing by 43 per cent over the past five years.<\/p>\n<p>As employees get older and enter new NLW pay brackets, employers need to track birthdays to make sure they are paid the correct wage.<\/p>\n<p>An 18<sup>th<\/sup> and 21<sup>st<\/sup> birthday trigger an automatic pay rise. Under <a href=\"https:\/\/www.gov.uk\/national-minimum-wage-rates\">current statutory minimum rates,<\/a> someone turning 21 would have their pay rise from \u00a310.85 an hour to the NLW of \u00a312.71.<\/p>\n<p>For those just over the statutory minimum, the incremental rises increase the risk of underpayment.<\/p>\n<p>For example, uniform and equipment deductions from a salary might pull a worker only earning 30 pence over the hourly minimum under the hourly minimum rate.<\/p>\n<p>Employers need to record birthdays, stay up to date with minimum wage increases and factor in equipment costs to ensure no worker is underpaid.<\/p>\n<p>Financial penalties for underpaying workers below the statutory minimum are substantial.<\/p>\n<p>They can include immediately paying all outstanding wage arrears, alongside fines of up to 200 per cent of the total underpayment, capped at \u00a320,000 per employee.<\/p>\n<h3><strong>Changes to statutory sick pay<\/strong><\/h3>\n<p>From April 2026, all employees qualify for Statutory Sick Pay (SSP), regardless of earnings or working schedules.<\/p>\n<p>The first day of sickness entitles any employee to SSP, removing the three-day wait.<\/p>\n<p>While the maximum claim period remains 28 weeks, the weekly rate has increased to the lower of \u00a3123.25 or 80 per cent of average earnings.<\/p>\n<p>As the changes are new, it is likely some employers\u2019 absence policies might reflect the old three-day wait.<\/p>\n<p>If these outdated provisions extend to payroll systems, penalties can be issued to employers for missed SSP payments.<\/p>\n<p>If an employer were to underpay SSP, they can face civil penalties of up to \u00a33,000 plus the back payment of the missing amount.<\/p>\n<h3><strong>Why does compliance matter more for small businesses<\/strong><\/h3>\n<p>It might sound dramatic, but compliance failures for smaller businesses can sometimes pose an existential threat.<\/p>\n<p>The significant financial penalties that can be imposed for mistakes and inaccuracies can have far-reaching consequences.<\/p>\n<p>Where a \u00a320,000 HMRC fine is the same as a rounding error for larger corporations, it can wipe out the entirety of a small business\u2019s cash reserves.<\/p>\n<p>Financial shocks are felt disproportionately more by SMEs, as sudden demands for back-dated holiday pay or income tax might be enough to trigger insolvency.<\/p>\n<p>Tax non-compliance can also impact a small business\u2019s credit rating, making it difficult to secure loans or invoice financing.<\/p>\n<h3><strong>Outsourcing your payroll: Where an accountant can help<\/strong><\/h3>\n<p>We understand that the many payroll trip hazards and accompanying financial penalties can be a source of anxiety for many businesses.<\/p>\n<p>To make sure your workers have the right classification, our accountants can review contractor and freelance arrangements and advise on any IR 35 exposure.<\/p>\n<p>We can help you keep up to date with changing minimum wages, spot hidden underpayments and conduct regular audits to reduce the risk of arrears penalties.<\/p>\n<p>With the changes to payroll processing imposed by the Employment Rights Act steadily taking effect, our experts can keep your systems up to date to reflect new rules and obligations.<\/p>\n<p>Reach out to one of our accountants to help your business stay compliant and avoid costly errors.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Evolving compliance requirements mean the goalposts for payroll compliance are regularly moving and the risk of financial penalties is increasing.<\/p>\n","protected":false},"author":2,"featured_media":6087,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[24,125,49],"tags":[],"_links":{"self":[{"href":"https:\/\/www.bainesjewitt.co.uk\/blog\/wp-json\/wp\/v2\/posts\/7201"}],"collection":[{"href":"https:\/\/www.bainesjewitt.co.uk\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.bainesjewitt.co.uk\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.bainesjewitt.co.uk\/blog\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.bainesjewitt.co.uk\/blog\/wp-json\/wp\/v2\/comments?post=7201"}],"version-history":[{"count":1,"href":"https:\/\/www.bainesjewitt.co.uk\/blog\/wp-json\/wp\/v2\/posts\/7201\/revisions"}],"predecessor-version":[{"id":7202,"href":"https:\/\/www.bainesjewitt.co.uk\/blog\/wp-json\/wp\/v2\/posts\/7201\/revisions\/7202"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.bainesjewitt.co.uk\/blog\/wp-json\/wp\/v2\/media\/6087"}],"wp:attachment":[{"href":"https:\/\/www.bainesjewitt.co.uk\/blog\/wp-json\/wp\/v2\/media?parent=7201"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.bainesjewitt.co.uk\/blog\/wp-json\/wp\/v2\/categories?post=7201"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.bainesjewitt.co.uk\/blog\/wp-json\/wp\/v2\/tags?post=7201"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}