National Minimum Wage Act 1998
1998 c. 39 · Enacted 31 July 1998 · Extends to United Kingdom
An Act to make provision for and in connection with a national minimum wage; to provide for the amendment of certain enactments relating to the remuneration of persons employed in agriculture; and for connected purposes.
[31st July 1998]
C1C2 C3C4C5Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Annotations to the whole text
Modifications
- C1
Act restricted (19.11.1998) by 1998 c. 47, ss. 98(3), 101(2)(a) (with s. 95)
- C2
Act excluded (with saving) (1.4.1999) by 1948 c. 47, s. 17A (as inserted by 1998 c. 39, ss. 47(1)(a), 56(2), Sch. 2 Pt. I para. 10 (with s. 36))
- C3
Act excluded (with saving) (1.4.1999) by S.I. 1977/2151 (N.I. 22), art. 2A (as inserted by 1998 c. 39, ss. 47(1)(c), 56(2), Sch. 2 Pt. III, para. 23 (with s. 36))
- C4
Act excluded (with saving) (1.4.1999) by 1949 c. 30, s. 17A (as inserted by 1998 c. 39, ss. 47(1)(b), 56(2), Sch. 2 Pt. II, para. 20 (with s. 36))
- C5
Act applied (with modifications) (1.5.1999) by S.I. 1999/1128, art. 2 (as amended (1.10.2020) by S.I. 2020/779, arts. 1(2), 2)
Contents
- Entitlement to the national minimum wage
- 1Workers to be paid at least the national minimum wage.
- Regulations relating to the national minimum wage
- 2Determination of hourly rate of remuneration.
- 3Exclusion of, and modifications for, certain classes of person.
- 4Power to add to the persons to whom section 3 applies.
- The Low Pay Commission
- 5The first regulations: referral to the Low Pay Commission.
- 6Referral of matters to the Low Pay Commission at any time.
- 7Referrals to, and reports of, the Low Pay Commission: supplementary.
- 8The Low Pay Commission.
- Records
- 9Duty of employers to keep records.
- 10Worker’s right of access to records.
- 11Failure of employer to allow access to records.
- 11AExtension of time limit to facilitate conciliation before institution of proceedings
- 12Employer to provide worker with national minimum wage statement.
- ...
- 13Appointment of officers. Repealed
- 14Powers of officers. Repealed
- Information
- 15Information obtained by officers. Repealed
- 16Information obtained by agricultural wages officers. Repealed
- 16ADisclosure of information by officers
- Enforcement
- 17Non-compliance: worker entitled to additional remuneration.
- 18Enforcement in the case of special classes of worker.
- 19Notices of underpayment: arrears Repealed
- 19ANotices of underpayment: financial penalty Repealed
- 19BSuspension of financial penalty Repealed
- 19CNotices of underpayment: appeals Repealed
- 19DNon-compliance with notice of underpayment: recovery of arrears Repealed
- 19ENon-compliance with notice of underpayment: recovery of penalty Repealed
- 19FWithdrawal of notice of underpayment Repealed
- 19GReplacement notice of underpayment Repealed
- 19HEffect of replacement notice of underpayment Repealed
- 20Non-compliance: power of officer to sue on behalf of worker. Repealed
- 21Financial penalty for non-compliance. Repealed
- 22Appeals against penalty notices. Repealed
- 22AWithdrawal of enforcement notice Repealed
- 22BReplacement of enforcement notice Repealed
- 22CEffect of replacement on penalties where section 22A(3) not applied Repealed
- 22DEffect of replacement on appeals and civil proceedings where section 22A(3) not applied Repealed
- 22EWithdrawal of penalty notice Repealed
- 22FReplacement of penalty notice with notice imposing lower penalty Repealed
- Rights not to suffer unfair dismissal or other detriment
- 23The right not to suffer detriment.
- 24Enforcement of the right.
- 25Right of employee not to be unfairly dismissed: Great Britain.
- 26Right of employee not to be unfairly dismissed: Northern Ireland.
- Civil procedure, evidence and appeals
- 27Tribunal hearings etc by chairman alone.
- 28Reversal of burden of proof.
- 29Appeals to the Employment Appeal Tribunal.
- Conciliation
- 30Conciliation.
- Offences
- 31Offences.
- 32Offences by bodies corporate etc.
- 33Proceedings for offences.
- Special classes of person
- 34Agency workers who are not otherwise “workers”.
- 35Home workers who are not otherwise “workers”.
- 36Crown employment.
- 37Armed forces.
- 37ACadet Force Adult Volunteers
- 38House of Lords staff.
- 39House of Commons staff.
- 40Mariners.
- Extensions
- 41Power to apply Act to individuals who are not otherwise “workers”.
- 42Power to apply Act to offshore employment.
- Exclusions
- 43Share fishermen.
- 44Voluntary workers.
- 44AReligious and other communities: resident workers.
- 45Prisoners.
- 45APersons discharging fines by unpaid work
- 45BImmigration: detained persons
- Agricultural workers
- 46Relationship of this Act and agricultural wages legislation.
- 47Amendments relating to remuneration etc of agricultural workers.
- Miscellaneous
- 48Application of Act to superior employers.
- 49Restrictions on contracting out.
- 50Publicity.
- Supplementary
- 51Regulations and orders.
- 52Expenses.
- 53Repeals and revocations.
- 54Meaning of “worker”, “employee” etc.
- 55Interpretation.
- 56Short title, commencement and extent.
- Schedule 1: The Low Pay Commission
- Membership
- 1Paragraph 1
- Financial provisions
- 2Paragraph 2
- Staff, facilities and money
- 3Paragraph 3
- Proceedings
- 4Paragraph 4
- Disqualification for House of Commons and Northern Ireland Assembly
- 5Paragraph 5
- Schedule 2: Amendments relating to remuneration etc of agricultural workers
- Part I: The Agricultural Wages Act 1948
- 1Paragraph 1
- Section 3
- 2Paragraph 2 Repealed
- Enforcement
- 3Paragraph 3 Repealed
- Section 4
- 4Paragraph 4
- Section 5
- 5Paragraph 5
- Section 11
- 6Paragraph 6 Repealed
- Section 12
- 7Paragraph 7
- Information obtained by national minimum wage officers
- 8Paragraph 8
- Section 17
- 9Paragraph 9
- Relationship between the national minimum wage and agricultural wages legislation
- 10Paragraph 10
- Part II: The Agricultural Wages (Scotland) Act 1949
- 11Paragraph 11
- Section 3
- 12Paragraph 12
- Enforcement
- 13Paragraph 13
- Section 4
- 14Paragraph 14
- Section 5
- 15Paragraph 15 Repealed
- Section 11
- 16Paragraph 16
- Section 12
- 17Paragraph 17
- Information obtained by national minimum wage officers
- 18Paragraph 18
- Section 17
- 19Paragraph 19
- Relationship between national minimum wage and agricultural wages legislation
- 20Paragraph 20
- Part III: The Agricultural Wages (Regulation) (Northern Ireland) Order 1977
- 21Paragraph 21
- Article 2
- 22Paragraph 22
- Relationship between the national minimum wage and agricultural wages legislation
- 23Paragraph 23
- Article 4
- 24Paragraph 24
- Article 6
- 25Paragraph 25 Repealed
- Enforcement
- 26Paragraph 26
- Information obtained by national minimum wage officers
- 27Paragraph 27
- Schedule 3Repeals and revocations