National Minimum Wage in the United Kingdom
Reviewed by the Commoner Law Editorial Team. Sourced from UK Acts of Parliament, statutory instruments, and official guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
The National Minimum Wage Act 1998 was Tony Blair's first big employment win — passed within a year of taking office, against decades of Conservative opposition. Before 1999 there was no national wage floor at all. Today the rate splits by age, and HMRC enforces it.
- 21 and over (National Living Wage): £12.71 per hour (from 1 April 2026)
- 18 to 20: £10.85 per hour (from 1 April 2026)
- Under 18: £8.00 per hour (from 1 April 2026)
- Apprentice rate: £8.00 per hour (from 1 April 2026 — applies in the first year of apprenticeship, or if you're under 19)
Rates change every April when the Low Pay Commission's recommendations come into force. Your employer can't pay you less, even if you tell them in writing it's fine. Tips don't count toward the minimum — and since the Employment (Allocation of Tips) Act 2023, tips must be passed on to workers in full anyway.
When does it apply?
- You are a worker — that's a wider category than 'employee' and covers agency staff, zero-hours staff, casual staff, and most gig workers. The Uber BV v Aslam Supreme Court case in 2021 confirmed that drivers labelled 'self-employed' were actually workers entitled to the minimum wage.
- You are not genuinely self-employed. If your employer controls when and how you work, you're probably a worker no matter what the contract says.
- Volunteers for charities are out of scope, but if you get more than reasonable expenses you may legally be a worker.
- Live-in workers like au pairs have their own rules about how on-call time gets counted.
What to Do If Your UK Employer Is Not Paying You the Minimum Wage
Most underpayment is sloppy payroll, not malice. Check first, then escalate if no one moves.
- Run the maths on your payslip. Total pay (excluding tips) divided by total hours worked. If it lands below the rate for your age band, you've been underpaid.
- Raise it with your manager or payroll in writing — keep a copy. A surprising number of cases die at this step because the employer pays up to avoid the headache.
- If they brush you off, call ACAS on 0300 123 1100. It's free and they'll talk you through your options.
- Then file a complaint with HMRC's National Minimum Wage team online. HMRC can recover arrears going back 6 years, fine the employer up to 200% of the underpayment, and 'name and shame' them publicly.
- You're protected from being sacked or punished for asking — that's an automatically unfair dismissal with no qualifying period.
What should you NOT do?
- Don't sign anything agreeing to less than the minimum. It's worthless — section 49 of the Act voids any term that tries to contract out.
- Don't let them tell you tips count. They don't, and since the 2023 Tips Act they have to be passed on to staff anyway, in full.
- Don't ignore deductions. Charges for uniforms, tools, or accommodation above the daily offset rate (currently capped) can quietly drag your effective pay under the floor — that's still illegal even if the deduction itself was agreed.
Common Questions
When does national minimum wage apply?
You are a worker — that's a wider category than 'employee' and covers agency staff, zero-hours staff, casual staff, and most gig workers. The Uber BV v Aslam Supreme Court case in 2021 confirmed that drivers labelled 'self-employed' were actually workers entitled to the minimum wage.You are not genuinely self-employed. If your employer controls when and how you work, you're probably a worker no matter what the contract says.Volunteers for charities are out of scope, but if you get more than reasonable expenses you may legally be a worker.Live-in workers like au pairs have their own rules about...
What should I do if my employer in the UK is paying me less than minimum wage?
Most underpayment is sloppy payroll, not malice. Check first, then escalate if no one moves.Run the maths on your payslip. Total pay (excluding tips) divided by total hours worked. If it lands below the rate for your age band, you've been underpaid.Raise it with your manager or payroll in writing — keep a copy. A surprising number of cases die at this step because the employer pays up to avoid the headache.If they brush you off, call ACAS on 0300 123 1100. It's free and they'll talk you through your options.Then file a complaint with HMRC's National Minimum Wage team online. HMRC can recover a...
What mistakes should I avoid with national minimum wage?
Don't sign anything agreeing to less than the minimum. It's worthless — section 49 of the Act voids any term that tries to contract out.Don't let them tell you tips count. They don't, and since the 2023 Tips Act they have to be passed on to staff anyway, in full.Don't ignore deductions. Charges for uniforms, tools, or accommodation above the daily offset rate (currently capped) can quietly drag your effective pay under the floor — that's still illegal even if the deduction itself was agreed.