Marvin OnumonuUnite has called on the Government to make sure all NHS workers are paid above the minimum wage at all times.
The union said the current lack of a pay deal meant the lowest paid NHS workers needed an emergency pay rise just to stay above the legal minimum.
There are around 180,000 band 2 workers in England, including healthcare support workers, porters, domestics, catering and some estates staff.
They are paid £12.51 an hour.
From 1st April, the minimum wage will go up to £12.71, so band 2 workers will need an emergency pay increase to stay legal.
The Government has had to do this three times since 2022 as NHS pay has fallen behind.
Sharon Graham, general secretary at Unite, said: “It’s beyond belief that frontline NHS workers who risked their lives during the pandemic are so poorly paid that they are set to fall below the legal minimum rate.
“This sticking plaster approach, allowing the NHS to limp from pay crisis to pay crisis while vacancies go unfilled, must stop.
“If the government wants the NHS to turn around it needs to invest in the workforce.”
The lowest band 3 workers are paid £12.75, often supervising band 2 staff.
As band 2 workers can get higher unsocial hours pay, there is a chance they could earn more than some band 3 workers after the emergency rise.
The Government could have to raise some band 3 wages as well.
NHS unions want to start pay talks with the Government, but any deal is unlikely before 1st April, the date of the next pay rise.
Richard Munn, national officer for health at Unite, said: “The government needs to work with unions to fix the NHS pay system for the long-term.
“It is broken and unfair to many workers. A failure to do so will result in key workers leaving.
“Our members are frustrated a pay increase will be delayed yet again, this is contrary the government’s positive statements.
“Constantly delaying pay increases only adds to the frustration and anger of staff who are overworked and undervalued.”
