Who is not entitled to the National Minimum Wage

Most workers are entitled to receive at least the National Minimum Wage. Only in very specific situations are people not entitled to receive it. If you are not being paid the National Minimum Wage you should find out whether you are entitled to receive it before making a complaint.

People not entitled to the National Minimum Wage

Below is a list of people who are not entitled to be paid the National Minimum Wage (NMW). If you are not being paid the NMW you should read the article 'workers entitled to the National Minimum Wage' to check whether you should be paid it.

Workers entitled to the National Minimum Wage

Self-employed

If you are self-employed you are not entitled to receive the NMW. If you believe you are a worker but your ‘employer’ says you are self-employed it is up to them to prove you are self-employed if there is a dispute about NMW which goes to an Employment Tribunal or civil court.

Understanding your employment status

Volunteers

You are likely to be a volunteer if you do not have an employment or worker's contract (eg you are not a worker). It doesn’t matter who you volunteer for; it can be anyone, not just voluntary organisations.

Just because you are described as a volunteer does not necessarily mean that you are not entitled to the NMW. If the arrangements under which you ‘volunteer’ add up to an employment or worker's contract, you will be entitled to the NMW unless a specific exemption applies (eg the exemption for ‘voluntary workers’).

Voluntary workers

Voluntary workers are different to volunteers for NMW purposes. For NMW purposes, to be a voluntary worker you must have an employment contract or contract to perform work or provide services for a charity, voluntary organisation, associated fund raising body or statutory body. You should receive no more than limited expenses and benefits in kind and are not entitled to be paid the NMW.

Work experience

If you are a student doing work experience as part of a higher or further education course you are not entitled to the NMW if the work experience doesn’t last longer than a year.

Certain apprentices

If you are an apprentice under the age of 19 you are not entitled to the NMW. If you are an apprentice aged 19 and over and you are still in the first year of your apprenticeship you are also not entitled to the NMW.

Apprenticeships (education, learning and skills section)

Company directors

If you are a company director you are an ‘office holder’ in law. You are not entitled to receive the NMW for the work you do as an office holder. If you also have an employment contract or worker’s contract you will be entitled to the NMW for the work you do under that contract. If you are not sure whether this applies to you, you should seek independent legal advice.

Seek legal advice from a solicitor or advice agency

Government employment programmes

You may not be entitled to the NMW if you take part in a government employment programme which is meant to provide you with training or work experience, or to help you get or look for work. If you are going to take part in a scheme of this kind, check with the organisers to see whether you will be paid the NMW.

European Community Leonardo da Vinci, Youth in Action, Erasmus and Comenius programmes

If you take part in any of these programmes you are not entitled to receive the NMW for work done as part of them.

Living in your employer’s household

If you are a member of your employer’s family, live in their home and help run a family business or help with household chores, you are not entitled to the NMW if you share in the family’s tasks and activities.

If you are not a member of your employer’s family but you live in their home and share in the household’s work and leisure activities, for example if you are an au pair, you are not entitled to the NMW.

Work for friends and neighbours

If you do a job for a friend or neighbour under informal arrangements, with no contractual obligation, for example if you get a token payment for helping out with the shopping, you are not entitled to the NMW.

Members of the armed forces

If you are a member of the armed forces, you are not entitled to the NMW. This includes reservists and people who assist in the activities of the cadet forces (the Combined Cadet Force, Sea Cadet Corps, Army Cadet Force and Air Training Corps) as Cadet Force Adult Volunteers (CFAVs). Your entitlement to the NMW outside your activities as a reservist or CFAV is not affected.

Share fishermen

If you are a share fishermen who receives part of the proceeds or profits from a catch instead of getting a fixed wage or salary, you are not entitled to receive the NMW.

Prisoners

If you are a prisoner working under prison rules, or someone detained under immigration laws and doing work in a removal centre under its rules, you are not entitled to the NMW.

People living in a religious or other community

If you are living in a religious or other community (apart from communities which are independent schools or provide further or higher education) you are not entitled to the NMW for any work you do for the community. For this to apply, a purpose of the community must be practising or advancing a religious or similar belief, some or all of its members must live together for that purpose and it must be a charity or established by a charity.

Where can you get help?

The Pay and Work Rights Helpline gives confidential help and advice on the NMW and can handle calls in over 100 languages. If you are not being paid the NMW you can make a complaint to them