# Working time: salaried hours work; excess hours calculation in pay reference period where basic hours first exceeded

## Relevant legislation

The legislation that applies to this page is as follows:

For pay reference periods commencing

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* on or after 6 April 2015; National Minimum Wage Regulations 2015, regulation 28
* before 6 April 2015; National Minimum Wage Regulations 1999, regulation 22(3)
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## General

The hours to be treated as worked in each pay reference period (NMWM09010) for a worker performing salaried hours work is based on a calculation using the worker’s basic hours (NMWM08030). This calculation enables annualised hours in a calculation year (NMWM08040) to be treated as being worked evenly throughout a year.

However, when a worker’s excess hours (NMWM08110) exceed their basic hours in the calculation year it is necessary to adjust the time treated as worked in the remaining pay reference periods to take account of the excess hours.

This adjustment involves two calculations;

- A four step calculation to adjust the time treated as worked in the immediate pay reference period when the basic hours are first exceeded, and
- A subsequent calculation which is repeated for the remaining pay reference periods in the calculation year (NMWM08140).

The purpose of the adjustments is to take into account of the fact that all the basic hours in the calculation year have already been worked before the payment of national minimum wage for those hours has been made. The adjustments also take into account the fact that additional hours over the basic hours need to also be considered for payment of national minimum wage.

## Calculation where basic hours first exceeded

Before the four step calculation can be made it is first necessary to identify the point in the pay reference period when the basic hours were first exceeded.

This allows us to proceed to Step 1 (calculating the proportion of basic hours in the pay reference period before the basic hours were exceeded and Step 2 (calculating the proportion of basic hours in the pay reference period after the basic hours were exceeded). To do this we use the formula;

__ B __ x N

365

Where

B is the worker’s basic hours in the calculation year, and

N is the number of days before and after the basic hours were exceeded.

When making the step 1 calculation, any absences during the pay reference periods which formed part of the basic hours but where less than the normal salary was paid are subtracted from the final result (NMWM08070).

Step 3 is the identification of the number hours of hours actually worked and treated as worked (NMWM08110) which fall in the period after the basic hours were exceeded.

Step 4 is the sum of the totals from the previous three steps. This will present the hours treated as worked in the pay reference period. This is perhaps best illustrated by means of an example.

## Example: calculation in pay reference period where basic hours first exceeded

A monthly paid worker performing salaried hours work has a calculation year from 1 April to 31 March with 2080 basic hours (resulting in 12 months of 173.33 hours being treated as worked in each pay reference period).

By 25 February the worker exceeds the basic hours by working twenty 9 hour days (180 hours) in that pay reference period. This results in a cumulative total of 2099 hours counted as excess hours in the calculation year.

The 173.33 hours originally treated as worked is no longer representative of time worked as it has been exceeded during the pay reference period. Additional hours therefore need to be taken into consideration.

Step 1. Calculate the proportion of basic hours falling BEFORE the basic hours are exceeded, 1 February to 24 February (24 days);

2080 x __ 24 __ = 136.77 hours

365

On completion of this calculation, any absences during the pay reference period which formed part of the basic hours but where less than the normal salary was paid must be subtracted from the final result. For example, if the worker had been absent without pay for one day of 8 hours prior to 25 February, the 136.77 hours would be reduced to 128.77.

Step 2. Calculate the proportion of basic hours falling AFTER the basic hours are exceeded - 25 February to 28 February (4 days);

2080 x __ 4 __ = 22.79 hours

365

Step 3. Identify the actual hours worked and treated as being worked in the pay reference period after the basic hours were exceeded.

In this case, this is one hour on 25February, and 9 hours each on 26and 27 February, totalling 19.00 hours.

Step 4. Add together the results of steps 1, 2 and 3 to give the adjusted number of hours to be treated as worked in February: 178.56 (136.37 + 22.79 + 19.00).

This means that as a consequence of the excess hours the employer must increase the number of hours treated as worked for national minimum wage purposes from 173.33 to 178.56 hours.

If further work is performed in the remaining pay reference periods of the calculation year additional adjustments will be required for those pay reference periods (NMWM08140).

Expanded form of this example calculation (Excel 41kb).