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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 National Minimum Wage you should read 'workers entitled to the National Minimum Wage' to check whether you should be paid it.

• Workers entitled to the National Minimum Wage

• Employment rights for young people (young people section)

Self-employed

If you are self-employed you are not entitled to receive the National Minimum Wage. If you believe you are a worker but your ‘employer’ says you are self-employed, they are responsible for proving you are self-employed if a National Minimum Wage dispute 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 National Minimum Wage. If the arrangements under which you ‘volunteer’ add up to an employment or worker's contract, you will be entitled to the National Minimum Wage unless a specific exemption applies (eg the exemption for ‘voluntary workers’).

Voluntary workers

Voluntary workers are different to volunteers for National Minimum Wage purposes. For National Minimum Wage 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 National Minimum Wage.

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 National Minimum Wage if the work experience doesn’t last longer than a year.

• Work experience, internships and the National Minimum Wage

Company directors

If you are a company director you are an ‘office holder’ in law. You are not entitled to receive the National Minimum Wage 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 National Minimum Wage for the work you do under that contract. If you are not sure whether this applies to you, you should seek independent legal advice.

• Find a solicitor or advice agency

Certain government schemes at pre-apprenticeship level

If you are taking part in one of the following schemes you are not entitled to the National Minimum Wage:

• in England, Programme Led Apprenticeships
  
• in Scotland, Get Ready for Work or Skillseekers
• in Northern Ireland, Programme Led Apprenticeships or Training for Success
• in Wales, Traineeships and Steps to Employment

If you are an apprentice not in paid employment but undertaking work experience as part of your apprenticeship training on Foundation and Foundation Modern apprenticeships in Wales, contact the Department for Children, Education, Lifelong Learning and Skills for information on your rights. You can call either 0300 0603300 or 0845 010 3300 (English) or 0300 0604400 or 0845 010 4400 (Welsh).

Government employment programmes

You may not be entitled to the National Minimum Wage 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 National Minimum Wage.

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 National Minimum Wage 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 National Minimum Wage 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 National Minimum Wage.

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 National Minimum Wage.

Members of the armed forces

If you are a member of the armed forces, you are not entitled to the National Minimum Wage. 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 National Minimum Wage outside your activities as a reservist or CFAV is not affected.

Share fishermen

If you are a share fisherman 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 National Minimum Wage.

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 National Minimum Wage.

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 National Minimum Wage 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 to get help

The Pay and Work Rights Helpline gives confidential help and advice on the National Minimum Wage and can handle calls in over 100 languages. If you aren’t being paid the National Minimum Wage when you are entitled to it you can make a complaint to the Pay and Work Rights Helpline.

• Pay and Work Rights Helpline contact details