The burger brand was included in a list of 658 businesses found to have paid workers below the minimum wage published by the Department for Business & Trade. It was found to owe more than £54,600 to 3,699 workers.
Five Guys says the underpayments, identified during a review by HMRC, were caused by “technical differences in how payroll regulations were applied”. It adds: “We worked closely and transparently with HMRC throughout the process and have made all required payments to affected current and former employees.”
The government said the latest naming round continues its commitment ‘to give working people more room to breathe and deliver inclusive growth in every postcode’.
Other restaurant businesses named include McLean Restaurants Limited, trading as McDonald’s Restaurant, which owed around £18,300 to 515 workers, and Loizou Restaurants Limited, also trading as McDonald’s Restaurant, which owed over £11,000 to 282 workers.
Hillcrest Catering Co. Limited, trading as KFC Brentford, owed approximately £5,700 to 147 workers, while Topwest Limited, trading as Domino’s Pizza, owed just over £5,200 to 80 workers.
Companies on the list have since repaid a combined £4m to more than 27,000 workers following ‘robust’ enforcement action.
“Underpaying your staff is illegal, and we will not let workers foot the bill for their boss failing to follow the rules,” says Kate Dearden, minister for the Future of Work.
“We’re making sure workers get the hard-earned pay they deserve, and where employers fall short, they will be held to account.”
The latest list is the first naming round since the Fair Work Agency was established in April. Since 2011, more than £100m in penalties have been issued to more than 5,200 employers, while more than £66m has been repaid to around 650,000 workers.