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National Minimum Wage Act 1998

1998 c. 39 · Enacted 31 July 1998 · Extends to United Kingdom

Not fully up to date. 1 change made by later legislation has not yet been written into this text, which is revised to 1 October 2026.

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ProvisionChangeMade by
s. 45(2)words insertedLegal Aid, Sentencing and Punishment of Offenders Act 2012 s. 129(9)

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

  1. Entitlement to the national minimum wage
  2. 1Workers to be paid at least the national minimum wage.
  3. Regulations relating to the national minimum wage
  4. 2Determination of hourly rate of remuneration.
  5. 3Exclusion of, and modifications for, certain classes of person.
  6. 4Power to add to the persons to whom section 3 applies.
  7. The Low Pay Commission
  8. 5The first regulations: referral to the Low Pay Commission.
  9. 6Referral of matters to the Low Pay Commission at any time.
  10. 7Referrals to, and reports of, the Low Pay Commission: supplementary.
  11. 8The Low Pay Commission.
  12. Records
  13. 9Duty of employers to keep records.
  14. 10Worker’s right of access to records.
  15. 11Failure of employer to allow access to records.
  16. 11AExtension of time limit to facilitate conciliation before institution of proceedings
  17. 12Employer to provide worker with national minimum wage statement.
  18. ...
  19. 13Appointment of officers. Repealed
  20. 14Powers of officers. Repealed
  21. Information
  22. 15Information obtained by officers. Repealed
  23. 16Information obtained by agricultural wages officers. Repealed
  24. 16ADisclosure of information by officers
  25. Enforcement
  26. 17Non-compliance: worker entitled to additional remuneration.
  27. 18Enforcement in the case of special classes of worker.
  28. 19Notices of underpayment: arrears Repealed
  29. 19ANotices of underpayment: financial penalty Repealed
  30. 19BSuspension of financial penalty Repealed
  31. 19CNotices of underpayment: appeals Repealed
  32. 19DNon-compliance with notice of underpayment: recovery of arrears Repealed
  33. 19ENon-compliance with notice of underpayment: recovery of penalty Repealed
  34. 19FWithdrawal of notice of underpayment Repealed
  35. 19GReplacement notice of underpayment Repealed
  36. 19HEffect of replacement notice of underpayment Repealed
  37. 20Non-compliance: power of officer to sue on behalf of worker. Repealed
  38. 21Financial penalty for non-compliance. Repealed
  39. 22Appeals against penalty notices. Repealed
  40. 22AWithdrawal of enforcement notice Repealed
  41. 22BReplacement of enforcement notice Repealed
  42. 22CEffect of replacement on penalties where section 22A(3) not applied Repealed
  43. 22DEffect of replacement on appeals and civil proceedings where section 22A(3) not applied Repealed
  44. 22EWithdrawal of penalty notice Repealed
  45. 22FReplacement of penalty notice with notice imposing lower penalty Repealed
  46. Rights not to suffer unfair dismissal or other detriment
  47. 23The right not to suffer detriment.
  48. 24Enforcement of the right.
  49. 25Right of employee not to be unfairly dismissed: Great Britain.
  50. 26Right of employee not to be unfairly dismissed: Northern Ireland.
  51. Civil procedure, evidence and appeals
  52. 27Tribunal hearings etc by chairman alone.
  53. 28Reversal of burden of proof.
  54. 29Appeals to the Employment Appeal Tribunal.
  55. Conciliation
  56. 30Conciliation.
  57. Offences
  58. 31Offences.
  59. 32Offences by bodies corporate etc.
  60. 33Proceedings for offences.
  61. Special classes of person
  62. 34Agency workers who are not otherwise “workers”.
  63. 35Home workers who are not otherwise “workers”.
  64. 36Crown employment.
  65. 37Armed forces.
  66. 37ACadet Force Adult Volunteers
  67. 38House of Lords staff.
  68. 39House of Commons staff.
  69. 40Mariners.
  70. Extensions
  71. 41Power to apply Act to individuals who are not otherwise “workers”.
  72. 42Power to apply Act to offshore employment.
  73. Exclusions
  74. 43Share fishermen.
  75. 44Voluntary workers.
  76. 44AReligious and other communities: resident workers.
  77. 45Prisoners.
  78. 45APersons discharging fines by unpaid work
  79. 45BImmigration: detained persons
  80. Agricultural workers
  81. 46Relationship of this Act and agricultural wages legislation.
  82. 47Amendments relating to remuneration etc of agricultural workers.
  83. Miscellaneous
  84. 48Application of Act to superior employers.
  85. 49Restrictions on contracting out.
  86. 50Publicity.
  87. Supplementary
  88. 51Regulations and orders.
  89. 52Expenses.
  90. 53Repeals and revocations.
  91. 54Meaning of “worker”, “employee” etc.
  92. 55Interpretation.
  93. 56Short title, commencement and extent.
  94. Schedule 1: The Low Pay Commission
  95. Membership
  96. 1Paragraph 1
  97. Financial provisions
  98. 2Paragraph 2
  99. Staff, facilities and money
  100. 3Paragraph 3
  101. Proceedings
  102. 4Paragraph 4
  103. Disqualification for House of Commons and Northern Ireland Assembly
  104. 5Paragraph 5
  105. Schedule 2: Amendments relating to remuneration etc of agricultural workers
  106. Part I: The Agricultural Wages Act 1948
  107. 1Paragraph 1
  108. Section 3
  109. 2Paragraph 2 Repealed
  110. Enforcement
  111. 3Paragraph 3 Repealed
  112. Section 4
  113. 4Paragraph 4
  114. Section 5
  115. 5Paragraph 5
  116. Section 11
  117. 6Paragraph 6 Repealed
  118. Section 12
  119. 7Paragraph 7
  120. Information obtained by national minimum wage officers
  121. 8Paragraph 8
  122. Section 17
  123. 9Paragraph 9
  124. Relationship between the national minimum wage and agricultural wages legislation
  125. 10Paragraph 10
  126. Part II: The Agricultural Wages (Scotland) Act 1949
  127. 11Paragraph 11
  128. Section 3
  129. 12Paragraph 12
  130. Enforcement
  131. 13Paragraph 13
  132. Section 4
  133. 14Paragraph 14
  134. Section 5
  135. 15Paragraph 15 Repealed
  136. Section 11
  137. 16Paragraph 16
  138. Section 12
  139. 17Paragraph 17
  140. Information obtained by national minimum wage officers
  141. 18Paragraph 18
  142. Section 17
  143. 19Paragraph 19
  144. Relationship between national minimum wage and agricultural wages legislation
  145. 20Paragraph 20
  146. Part III: The Agricultural Wages (Regulation) (Northern Ireland) Order 1977
  147. 21Paragraph 21
  148. Article 2
  149. 22Paragraph 22
  150. Relationship between the national minimum wage and agricultural wages legislation
  151. 23Paragraph 23
  152. Article 4
  153. 24Paragraph 24
  154. Article 6
  155. 25Paragraph 25 Repealed
  156. Enforcement
  157. 26Paragraph 26
  158. Information obtained by national minimum wage officers
  159. 27Paragraph 27
  160. Schedule 3Repeals and revocations