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✨ Health insurance, now in PayFit - learn more
💷 All the rates & thresholds you need to know for 25/26...right here
✨ The Payroll Journey: Start, Scale & Succeed Globally - learn more
Here is a quick summary of the key points regarding backdated pay and compliance:
Backdated wage adjustments ensure employees are paid correctly for their work, keeping payroll smooth and finances in check. However, managing retroactive changes, from salary raises to administrative corrections, can be complex.
This guide breaks down UK backdated pay rules, calculation methods, and how payroll software simplifies compliance.
Backdated pay refers to a change in wage or contractual entitlement that took place in a previous pay period. It is the difference between the amount an employee is owed and the earnings they actually receive in their payslip.
These changes can include both increases and decreases in salary. To understand backdated pay fully, it is helpful to clarify the terminology and the common scenarios where it applies.
You may often hear backdated pay referred to interchangeably as retro pay, pay arrears, or backdated salary. While the terms can vary between employees, managers, and payroll professionals, they all refer to the same concept: rectifying discrepancies between owed wages and actual earnings from past periods.
From promotions and retroactive salary increases to errors in recording working hours, there are several reasons why a salary might need adjustment:
Retroactive pay rises: This happens quite commonly. For example, an employee gets a pay raise effective from March, but this takes time to get processed, so it doesn’t show up until April’s payroll. They would then receive a backdated salary increase.
Late agreements: A new salary might be agreed upon after the payroll cut-off.
Payroll errors: Pay might be missed due to an administrative or calculation error.
New starters: A new employee might miss the payroll cut-off for their first month.
Disputes: If an employee feels they were wrongfully terminated, they may request a backdated pay rise. Note that the upcoming Employment Rights Bill is set to strengthen day one unfair dismissal rights, with full implementation expected by 2026/27.
The implications for tax and National Insurance Contributions (NICs) on backdated pay depend on the specific circumstances and timing.
You’ll need to consider whether the pay award was made in the current or a previous tax year. Here is a breakdown of how the different rules apply:
| Type | Scenario | How is it calculated? |
|---|---|---|
| Income Tax | All scenarios | Due on the earliest of two dates: 1. The date payment was received. 2. The date the employee became entitled to it. |
| National Insurance (NICs) | Retroactive Pay Rise (e.g. agreed late) | Treated as earnings in the period it is actually paid. It is added to the current month’s pay and calculated using current rates and thresholds. |
| National Insurance (NICs) | Correction of Error (e.g. missed payroll) | Calculated as if it were paid on time. You must allocate the earnings to the original period (e.g. the previous month) to ensure the employee receives their correct NI allowances for that period. |

A guide for businesses
There is no universal statutory grace period for paying arrears, although wages are legally due on the contractual payday. Enforcement bodies, such as the soon-to-be-launched Fair Work Agency, can impose strict deadlines (often 28 days) if any non-compliance is investigated.
If your employee is a new starter and has missed the payroll cut-off for the month, they should be paid in the next payroll run.
Where a payment is made in arrears, the best practice is to inform the employee when they can expect the payment, ensuring that all contractual obligations are being met and they receive what is their right.
Here are some of PayFit’s top tips for dealing with backdated pay:
💡 Stay on top of it - Make sure all your data on employee pay rates are up to date, as well as previous payslips. PayFit can actually help you do this.
💡 Act swiftly - Once you know you owe or need to adjust backdated salary, start taking steps to make the necessary updates to your employee’s next pay check ASAP. Your employee will thank you for this, especially if it means getting paid on time.
💡 Communicate clearly - Don’t let things get lost in translation. Clear communication helps manage expectations - particularly those of key employees and managers. Don’t let this turn into a bigger issue than it needs to be.
💡 Involve your team - Finally, calculating backdated salary can get a little complicated. Sharing this process as something your whole team can get involved with, from HR to accounting and legal, means you can give this issue the attention it deserves.
Fortunately, keeping up with back pay doesn’t have to be a hassle any more.
Modern payroll software allows businesses to handle retroactive salary changes effortlessly. Rather than relying on manual calculations or complex spreadsheets, you can simply input the adjustment, and the system automatically rebalances the base pay across the relevant periods.
This automation ensures that taxable income, National Insurance, and pension contributions are accurately corrected and updated before your next payroll run. With upcoming regulatory changes like day-one Statutory Sick Pay likely to increase the volume of short-term adjustments, having a system that instantly handles these corrections is vital for maintaining compliance without the administrative burden.
If there has been a series of unlawful deductions or underpayments, an employee can typically make a claim to an employment tribunal. In most cases, claims for unauthorised deductions from wages are limited to going back two years. Additionally, under the new tax year changes to be introduced through the Employment Rights Bill, the time limit for bringing a claim to the tribunal is expected to extend from three months to six months, with implementation currently scheduled for October 2026.
Yes, employers must ensure that, after adjustments, the employee’s hourly rate for the weeks they were working meets the national minimum living wage for that period:
2025 rates: The National Living Wage rate is £12.21 (21+).
2026 rates: Confirmed to rise to £12.71 (21+) and £10.85 (18-20) from April 2026.
Failure to meet these wage thresholds could lead to penalties, which will be strictly enforced by the new Fair Work Agency launching in April 2026.
Generally, backdated payments are treated as income in the tax year they are received. However, the exact entitlement rule, referring to when the employee became legally entitled to be paid, can impact how tax is calculated, so it is vital to check current HMRC guidance.
If an employer and employee cannot agree on the correct amount, the case may eventually be decided by an employment tribunal. Employers should be aware that judgments can cover arrears spanning up to two years. Keeping accurate records of hours worked is essential to demonstrate that all the minimum requirements have been properly met.
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