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The law on minimum pay

Who is entitled to minimum pay?
Nearly all workers aged 16 years and over, including part-time workers, are entitled to the National Minimum Wage. Amongst those to whom it does not apply are those engaged in unpaid work and family members employed by the family business.

What is the minimum wage that I am entitled to?
The National Wage Act specifies the minimum rates of pay applicable nationwide. Since 1 October 2007, the adult rate for workers aged 22 and over has been £5.25 per hour. The development rate for 18-21 year olds and for workers getting training in the first 6 months of a job is £4.60 per hour. The rate for 16-17 year olds starts at £3.40 an hour. There are special provisions for some workers, for example those whose job includes accommodation. Pay means gross pay and includes any items paid through the payroll such as overtime, bonus payments, commission and tips and gratuities.

I believe I'm being paid below the National Minimum Wage Rate. How can I complain?
If you are being paid less than this, there are various steps you can take:
• If you feel able, you should talk directly with your employer. This is a clear legal right, and employers can be fined for not paying the NMW.
• If you are a trade union member, you should call in the union.
• If neither of these is appropriate then you can email via the Revenue and · Customs website or call their helpline for advice.

You have the legal right to inspect your employer's pay records if you believe, on reasonable grounds, that you are being paid less than the NMW. Your employer is required to produce the records within 14 days, and must make them available at your place of work or at some other reasonable place. If your employer fails to produce the records, you may take the matter to an employment tribunal. You must make your complaint within three months of the ending of the 14-day notice period.

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