Back to Ask the Shaman

Work and Employment

Getting paid less than minimum wage or living wage

Summary

You’re entitled to the minimum wage or living wage if you’re an employee or a worker - including an agency worker. You might be an employee or worker even if your contract says you’re self-employed. You're not entitled to the minimum wage or living wage if you run a business and you work for a client. If you’re not sure if you’re an employee or a worker, check your employment status. You’re not entitled to the minimum wage if you’re any of the following: * some trainees and interns (however, the eligibility rules are complicated so you should get advice) * some farm workers (check if minimum wage applies to you on GOV.UK) If you’re not sure whether you fall into any of these categories, you can call the Acas helpline. Calls cost between 3p and 45p a minute from mobiles, and up to 12p a minute from landlines. If you’re entitled to the minimum wage, the amount you should get depends on your age and whether you’re an apprentice. These are the National Minimum Wage rates: About you | Name of wage | Hourly rate (before tax) ---|---|--- About you Age 21 or over | Name of wage National Living Wage | Hourly rate (before tax) £12.71 About you Age 18-20 | Name of wage National Minimum Wage.

Key information

  • a volunteer or doing work experience
  • some trainees and interns (however, the eligibility rules are complicated so you should get advice)
  • some farm workers (check if minimum wage applies to you on GOV.UK)
  • you’re not paid for time travelling on business, eg between appointments
  • you haven’t been paid for time spent on a training course
  • you’re not paid for time ‘on call’
  • your employer takes money from your wages for accommodation
  • You’re entitled to the minimum wage or living wage if you’re an employee or a worker - including an agency worker.
  • You might be an employee or worker even if your contract says you’re self-employed. You're not entitled to the minimum wage or living wage if you run a business and you work for a client.
  • If you’re not sure if you’re an employee or a worker, check your employment status.
  • You’re not entitled to the minimum wage if you’re any of the following:
  • some trainees and interns (however, the eligibility rules are complicated so you should get advice)

Practical guidance

Related topics

Work and EmploymentYour Rights at WorkPayPaid below minimum wage cash in hand: who helps

Sources

This is signposting information from the Legal Shaman wiki, not legal advice. Always consult a qualified solicitor for your situation.

Getting paid less than minimum wage or living wage | Ask the Shaman | Legal Shaman