Question

To ask Her Majesty's Government under what circumstances employers are legally allowed to pay workers less than the national minimum wage.

There are no circumstances where if a worker is entitled to the National Minimum Wage that an employer can pay less than the National Minimum Wage. However, under the legislation certain types of workers are not entitled to the minimum wage. These are:

• self-employed people running their own business
• company directors
• volunteers or voluntary workers
• workers on a government employment programme, eg the Work Programme
• family members of the employer living in the employer's home
• non-family members living in the employer's home who share in the work and leisure activities, are treated as one of the family and aren't charged for meals or accommodation (eg au pairs)
• workers younger than school leaving age (usually 16)
• higher and further education students on a work placement up to 1 year
• workers on government pre-apprenticeships schemes
• people on the following European Union programmes: Leonardo da Vinci, Youth in Action, Erasmus, Comenius
• people working on a Jobcentre Plus Work trial for 6 weeks
• members of the armed forces
• share fishermen
• prisoners
• people living and working in a religious community

Additionally, people carrying out work experience and internships will not get the minimum wage if they are:

• a student doing work experience as part of a higher or further education course
• of compulsory school age
• a volunteer or doing voluntary work
• on a government or European programme
• work shadowing

Employers and workers with queries about the application of the National Minimum Wage can access free and confidential advice through the Pay and Work Rights Helpline on 0800 917 2368.