A payslip can show the agreed hourly rate and still conceal a minimum wage shortfall. Unpaid training, travel between clients or money spent on a compulsory uniform can change the calculation. Understanding minimum wage rights in the UK means checking more than the number printed beside “hourly pay”.
The legal minimum applies across the UK, but the rate depends on age and apprenticeship status. Employers must account for qualifying working time and relevant deductions when checking whether enough has been paid.
Who is entitled to the minimum wage?
Most people classed as workers who have reached school-leaving age qualify for the National Minimum Wage. This includes part-time and casual staff, agency workers, apprentices, many interns and people paid by commission or per item. Probation does not remove the entitlement.
Genuinely self-employed people running their own business and genuine volunteers generally do not qualify. Some student placements and family working arrangements are exempt. The actual working relationship matters more than a contract simply calling somebody freelance or unpaid.
UK minimum wage rates from April 2026
These statutory hourly rates took effect on 1 April 2026:
Workers aged 21 and over: £12.71, the National Living Wage.
Workers aged 18 to 20: £10.85.
Workers aged 16 to 17 who are above school-leaving age: £8.00.
Eligible apprentices: £8.00. This covers apprentices under 19, and those aged 19 or over during their first apprenticeship year. After that first year, apprentices aged 19 or over must receive the rate for their age.
Rates normally change each April. When a worker moves into a higher age band or the government raises rates, the increase usually starts in the next pay reference period, not necessarily on the birthday or 1 April itself.
How to check whether your pay is lawful
Compare qualifying gross pay with the hours that count during the pay reference period. This might be a week or a month, but cannot exceed one month. Divide pay by qualifying hours and compare the result with the legal rate.
For example, a 23-year-old receives £490 gross for 40 qualifying hours in one week. That is £12.25 an hour. At the April 2026 rate of £12.71, the minimum due is £508.40, leaving an £18.40 shortfall.
Use the official GOV.UK minimum wage calculator if your pay includes commission, salary, accommodation or irregular hours. Income tax and National Insurance deductions do not themselves indicate underpayment: the calculation generally starts with gross pay.
Which hours count as working time?
Working time pay is often where underpayment becomes less obvious. Depending on the type of work, qualifying hours can include compulsory training, required waiting at the workplace and travel between assignments or clients.
Consider a care worker paid for visits but not the journeys between clients. Those journeys may count towards minimum wage hours. Including them could push the average hourly rate below the legal floor even when each visit appears adequately paid.
Ordinary travel between home and the usual workplace generally does not count. Genuine rest breaks normally do not count either. Sleep-in shifts, standby arrangements and salaried-hours contracts have more detailed rules, so check the circumstances rather than treating every hour on a rota alike.
When deductions and expenses create underpayment
Required work expenses can reduce the amount counted as minimum wage pay. If a worker must buy a uniform, specialist clothing, tools or safety equipment without reimbursement, the cost may create a breach. This can happen even when the purchase is made from another shop.
Tips cannot be used to bring pay up to the minimum. Employer-provided accommodation is subject to a special accommodation offset, set at £11.10 per day from April 2026, rather than the usual treatment of work-related expenses.
Some deductions, including tax, National Insurance and certain repayments of wage advances, are treated differently. A deduction can be authorised under employment law yet still create a minimum wage problem. Our related guide to deductions from wages explores that distinction.
Does overtime have to be paid at a higher rate?
There is no general legal requirement to pay time-and-a-half for overtime, although a contract or collective agreement may provide it. Additional qualifying hours must still be counted when assessing whether total pay reaches the minimum wage.
If a salary covers 35 hours but the employer regularly requires 45, check actual hours and applicable salaried-hours rules. An apparently comfortable salary can become unlawful when spread across more qualifying time. Contractual overtime pay is a separate question worth checking.
What to do about minimum wage underpayment
Gather payslips, rotas, timesheets, messages about unpaid tasks, uniform receipts and your own hours record. Calculate the shortfall for each affected period, recording the dates and legal rate applicable then.
Raise the issue in writing with payroll or your manager. Explain which hours or costs were missed, request corrected pay and keep the reply. If necessary, ask in writing to inspect relevant minimum wage payment records.
For unresolved problems, contact Acas for free confidential advice or make a wage complaint through the government’s pay and work rights service. HMRC enforces minimum wage rules on behalf of the Fair Work Agency. Workers may receive arrears; employers can face penalties and enforcement action.
Employment tribunals are another route for certain wage disputes. Deadlines matter: for most relevant claims arising on or after 1 October 2026, the time limit is six months less one day; earlier problems generally fall under the previous three-months-less-one-day rule. Exceptions apply. Notifying Acas for early conciliation within the relevant deadline is normally required before a claim. An internal grievance does not pause the deadline. Our guide to employment tribunal time limits explains the process further.
Frequently asked questions
Can an employer pay less during training?
Usually not if you are a qualifying worker and training counts as working time. Labelling compulsory training unpaid does not automatically remove minimum wage duties.
Can tips make up the difference?
No. Tips and service charges cannot count towards the statutory minimum wage, even if they increase the worker’s take-home pay.
Can I complain after leaving a job?
Yes. You can report possible underpayment after leaving. Retain evidence and check tribunal deadlines promptly if you are considering a legal claim.
Is every wage deduction illegal?
No. Some deductions are lawful, but work-related costs and certain deductions can reduce pay for minimum wage calculations. The reason for the deduction matters.
Protecting your minimum wage rights
The best check combines the correct age-related rate, accurate working hours and the right treatment of expenses. Keep records, examine each pay period and question discrepancies early. Even small shortfalls can accumulate, and workers have routes to recover pay they are legally owed.