Almost all UK workers have a legal right to a minimum level of pay, called the National Minimum Wage. The level is set by the government each year based on the recommendations of the independent Low Pay Commission (LPC).

What is the National Minimum Wage?
With a few exceptions, all workers in the UK aged 16 or over are legally entitled to be paid a minimum amount per hour. This is regardless of the kind of work they do or the size and type of company. The rate is reviewed every year, and any increases take place in October.

How much is the National Minimum Wage?
There are different levels of National Minimum Wage, depending on the age of the worker. The rates from 1 October 2009 are as follows:

· adults (which means people aged 22 and over), £5.80 an hour
· workers aged 18-21, £4.83 an hour - the 'development rate'
· young people (those older than school leaving age and younger than 18; you're under school leaving age until the end of summer term of the school year in which you turn 16), £3.57 an hour.

Apprentices under the age of 19 are not entitled to the National Minimum Wage. Apprentices who are 19 or over and in the first 12 months of their apprenticeship are not entitled to the National Minimum Wage.

Who can get the National Minimum Wage?
Almost everyone who works in the UK is legally entitled to be paid the National Minimum Wage. This is the case even if an employer asks a worker to sign an employment contract at a lower rate of pay. It isn't necessary to be in full-time employment, or to work at an employer's premises. For example, you're entitled to receive the minimum wage if you're:

· employed by an agency
· a homeworker
· a part-time worker
· a casual worker
· a pieceworker
· a worker on a short-term contract

However, you are not entitled to receive the minimum wage if you are:

· a worker under school leaving age
· genuinely self-employed
· some apprentices
· an au pair
· in the armed services
· a voluntary worker

Further guidance is available from the Department for Business, Enterprise and Regulatory Reform (BERR).

Agricultural workers
Agricultural workers have separate pay rates set by the Agricultural Wages Board.

What to do if you're not getting the minimum wage
First of all you should try to make sure you have calculated your pay correctly. All employees have the right to be given a document setting out how your pay is calculated. If you think you’re not getting what you are entitled to, you can first of all try talking to your employer, who may have made a simple mistake.

If speaking to your employer doesn't help, or if you don't want to speak to your employer, you can call the minimum wage helpline on 0845 6000 678. Calls are confidential, and you can ask for help in claiming the minimum wage including back pay. If necessary, National Minimum Wage Compliance Officers can investigate on your behalf and take action to obtain payment from your employer.

Not paying you the National Minimum Wage if you are entitled to it can also count as an unlawful deduction from wages.

To check on how the National Minimum Wage applies to you (or your staff), telephone a member of our Employment Team on 01328 863231.