Updating author: Lavina Daryanani

On this page:
Summary
Future developments
Practical example
Action point checklist
Key references
Questions and answers
Eligibility for the national minimum wage
Rate of the national minimum wage
Amount payable
Age discrimination legislation
Records
Enforcement

Summary

2.208

• The majority of workers aged 16 and over qualify to receive the national minimum wage. Exclusions from the right include au pairs, family members in the family business, voluntary workers and apprentices over 19 and in the first 12 months of employment or under the age of 19. (See 2.210 Eligibility for the national minimum wage)
• There are three rates of payment for the national minimum wage. (See 2.211 Rate of the national minimum wage)
• Calculating whether an employee has been paid the national minimum wage can be very complicated. In essence, the employer should divide the number of hours worked by the amount of pay, but there are different rules relating to different types of work. (See 2.212 Amount payable)
• Employers must keep records that show that they have paid their workers the national minimum wage for three years after the pay reference period following the pay period that the records cover. (See 2.213 Records)

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Future developments

2.209 Low Pay Commission report: The Low Pay Commission produced its latest report on the national minimum wage (PDF format, 4.6MB) (on the Low Pay Commission website) in May 2009. In October 2009 the Government published its Government non-economic evidence to the Low Pay Commission 2009 (PDF format, 773K) (on the BIS website) on enforcement, awareness, publicity and guidance, apprenticeship pay, and other issues relating to the national minimum wage.