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National Minimum Wage (NMW)

Posted on August 20th, 2009.

Post Categories: uk government
Tags: , , , , , , , ,

The National Minimum Wage (NMW) has celebrated 10 years this year. 1.5 million people are cheated out of receiving the National Minimum Wage. New Deal Scandal asks “Has the National Minimum Wage solved anything?”

National Minimum Wage: Concept

The National Minimum Wage (NMW) is designed to prevent employers taking advantage of workers by paying them unfair low wages leading them and their families in to poverty.

The National Minimum Wage was to set a benchmark by age of what the minimum hourly worth of a worker is. No employer would be able to employ any person for below this rate and thus people would be above the poverty line.

National Minimum Wage: Criticism

Rather than being a properly enforced law, the low enforcement properties and powers by Government Agencies meant the National Minimum Wage soon became a mere guideline. No wonder how around 5% of the entire UK workforce receives such a low wage.

Most employees receiving under the National Minimum Wage would not report their employer due to having an extremely low paid job pays more than unemployed benefits.

There are a lot of exempt people from the law who are not entitled in receiving NMW.

Employers are subject to relatively pathetic penalties should the HMRC decide to pursue the case.

National Minimum Wage: Enforcement

Her Majesty’s Revenue & Customs (HMRC) enforces the NMW.

How desirable paying your employees below National Minimum Wage is to employers

Step 1: The employer receives a “Notice of Underpayment“. This means paying the arrears to the named workers at the current NMW. There is also a fine of half the underpayment (minimum of £100, maximum £5,000).

Step 2: Pay within 14 days and the fine is halfed to £50 (minimum) or £2,500 (maximum)

Step 3: Refuse to pay and comply with the above notice (which is a Criminal offence) the HMRC either takes you to a tribunal or County Court on behalf of the worker  or to a Magistrates Court and prosecutes the employer to level 5 (up to £5,000).

National Minimum Wage: Exemptions

The following people do not need to be paid NMW:

  • There is no NMW for those under “compulsory school age” (16)
    There is nothing stopping (for example) a newsagent paying a 13 year old £5 per week to deliver newspapers for 2 hours early in the morning and 2 hours at night for every day of the week.
  • Apprentices
    Apprentices under 19 are not entitled to NMW. Apprentices over 19 are not entitled to NMW in their first year.
  • Work experience, Volunteers, Internships
    These people are not entitled to NMW unless are classified as a “worker” (such as having an contract)
  • Company Directors
    Unless they have an employment contract with the company. (Company Directors are officers under Common Law)

National Minimum Wage: Rates

16-17:   £3.53
18-21:    £4.77 (“development rate”)
22+:       £5.73

National Minimum Wage: Reality

In reality, all the National Minimum Wage has done is become a benchmark for employers suggesting what wage they should pay employees in lower skill jobs. This has kept earnings down (rather than the intention of keeping them up to a respectable rate).

Reviewing the NMW 10 years on, it is clear that without it we would probably be paid more rather than less.  Employers need someone who can do a good job, the money offered reflects this and employers only compete with others in what wages they offer: the NMW is a good excuse to keep them rock bottom as possible.

Make a Comment

5 Responses to “National Minimum Wage (NMW)

  1. 1
    terratech says:

    Take a gander over to raw-rap.com and look at a recent post from the Labour List and the prophetic words from a Labour accolite;

    Article is: Working poverty: beyond the breadline

    But if some Tory TRUBLUEBLOODS got their way you wouldn`t even get a wage as they want you for free and welcome back `SLAVERY`. You can all about that in the Forum.

  2. 2
    Mark says:

    And many people are cheated out of the Minimum Wage by employers calling these workers “interns”. It is straightforward fraud and, as you suggest, HMRC do nothing about it.

    We have a site where we like to help people claim the Minimum Wage where they have been deprived of it on this basis:

    http://tvwatercooler.proboards.com/index.cgi?board=sweat&page=1

    Mostly Film and TV workers, but all workers welcome!

  3. 3
    dave says:

    i work for delta force paintball and none of us get minimum wage and it is a huge company turning over 20mil a year, they pay us a daily rate of £40 per day and we work from 730am upto 730-800 somedays its a joke when we complained to the boss we were told we get a flat rate and as such have opted out the minimum wage load of crap, when we reported it nothing got done we dont get breaks its a joke

  4. 4
    Mark says:

    Dave, if you want me to help you (and anyone else) make a claim for what you are owed then do feel free to contact me (derrywatson (at) gmail.com). I can give you all the information/advice/help you need – free of charge of course, I do it for the love of seeing people get what they are legally due!

    Drop me an email and I’ll tell you more.

  5. 5
    New Deal says:

    Please see the below link:

    http://www.hmrc.gov.uk/nmw/complaint.htm

    They should enforce it with a fine for the business and your wage difference backdated. If they then don’t comply they are likely to be sent to court.

    Every staff member should complain.


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