NATIONAL MINIMUM WAGE

NATIONAL MINIMUM WAGE

All workers, including employees, are covered by the national minimum wage legislation. The minimum hourly rates as of 1 April 2021 are as follows:

• National living wage rate for workers aged 23 and over: £8.91

• Standard adult rate for workers aged 21 to 22: £8.36

• Development rate for workers aged 18-20 inclusive: £6.56

• Young workers' rate for 16 and 17 year olds: £4.62

• Apprenticeship rate for apprentices under 19 years of age or those aged 19 and over but in the first year of their apprenticeship: £4.30.

These rates will change again in April 2022.

The National Minimum Wage is enforced by HMRC. Complaints from workers or third parties about non-payment or underpayment can be made to the Government's Pay and work rights helpline or by submitting a standard form email to HMRC.

If you do not receive the national minimum wage you are entitled to bring a claim for unlawful deduction of wages in an Employment Tribunal within three months of the date of the last deduction. There is a two year limit to the period that can be claimed for.

You may also be able to bring a breach of contract claim in either the Employment Tribunal or the civil courts. Unlike a civil court claim, a claim for breach of contract in the Employment Tribunal can only be made once your employment has terminated. Claims brought in the civil courts can be raised in England and Wales up to six years after the breach, and, in Scotland, up to five years after the breach.

You may also bring a claim to an Employment Tribunal if your employer unfairly dismisses you or subjects you to a detriment because:

• You became or are eligible for the national minimum wage or a particular national minimum wage rate;

• You took any action to seek to ensure that you received the appropriate national minimum wage; or

• Your employer is being prosecuted for an offence under the National Minimum

Wage Act 1998.

There is no qualifying period required for an unfair dismissal claim in these circumstances. Subject to the rules on ACAS early conciliation, you have 3 months to bring a claim.