Workers entitled to the National Minimum Wage :Cross Stitch – Employment

Nearly all workers in the UK are entitled to be paid at least the National Minimum Wage (NMW). If you are a worker entitled to the NMW your employer is breaking the law if they aren’t paying it.

Sometimes there is confusion around whether particular types of workers are entitled to the NMW. If you are one of the following types of worker you should receive the NMW:

Agency workers

If you are an agency worker you are entitled to receive the NMW. Whoever pays you, which is usually the agency rather than whoever you are sent to work for, is regarded as your employer for NMW purposes.

Apprentices are entitled to the NMW – either the apprentice rate or one of the higher rates. Which one you are entitled to will depend on your age and whether you are still in the first year of your apprenticeship.

Apprentices for NMW purposes are either workers who have contracts of apprenticeship or workers taking part in training schemes who are treated as if they have a contract of apprenticeship. The schemes are:

• in England – Apprenticeships, Advanced Apprenticeships, Intermediate Level Apprenticeships or Advanced Level Apprenticeships
• in Scotland – Modern Apprenticeships
• in Northern Ireland – ApprenticeshipsNI or Modern Apprenticeships
• in Wales – Foundation Apprenticeships, Modern Apprenticeships, Foundation Modern Apprenticeships or Apprenticeships

If you are training for a job or you are on probation then you are still entitled to the NMW. There are exemptions for some apprentices and workers on training courses.

People taking part in some government employment schemes, such as the New Deal, may be entitled to the NMW. If you are taking part in another government scheme you may get benefits instead of the minimum wage. Check with the organisers whether you will get the NMW if you are going to take part in a New Deal or other government scheme.

If you are paid by the number of items you produce or tasks you perform you must either be paid at least the NMW for every hour you work or what is called a ‘fair’ piece rate for each piece produced or task performed. There are special rules for working this out.

If you’re paid completely or partly by results, for example sales made or deals completed, you are entitled to be paid the NMW.

Homeworkers

If you work at home you are entitled to the NMW, unless you are running your own business.

If you are disabled you are entitled to receive the NMW, unless you undertake work-related activities for purely therapeutic reasons, with no contractual obligation to work or right to any payment or other reward.

Agricultural workers covered by agricultural wages’ laws are entitled to the Agricultural Minimum Wage rather than the NMW. No agricultural worker can be paid less than the NMW. Some agricultural workers must be paid more than the NMW because there is a higher Agricultural Minimum Wage rate.

If you are a worker from outside the UK and you are legally working in the UK you are entitled to the NMW. It doesn’t matter how long or short a time you stay here or whether your employer is based in the UK or somewhere else.

There are special rules for seafarers working on UK-registered ships which mean you are entitled to the NMW, wherever in the world your ship may be, unless you work completely outside the UK or you don’t usually live in the UK.

Seafarers who are ordinarily working in the UK are entitled to the NMW, regardless of the flag of the ship on which they are working.

Offshore workers

If you are working or usually work in UK territorial waters or in the UK or the foreign sector of the continental shelf (for instance on oil rigs) you are entitled to the NMW. This doesn’t apply to workers on ships which are in course of navigation or are dredging or fishing.

European Social Fund programmes

If you are taking part in a programme financially supported by the European Social Fund and you have an employment contract with your employer you are entitled to the NMW. This doesn’t apply if you are on a work trial with a possible future employer which lasts no more than six weeks.