2 Employment
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2. Do I need a contract of employment?
3. Do I have the right to work in the UK?
4. What is the least I should be paid?
In the UK there is a national minimum wage, and your employer must not pay you less than this. Different rates apply to different people. For most workers, it is £5.35 an hour (£5.52 from 1 October 2007). However, you can be paid £4.45 an hour (£4.60 from 1 October 2007) if you are:
- between 18 and 21 years old; or
- over 22, but in the first six months of employment and taking part in accredited training.
The national minimum wage doesn't apply if you are:
- under 18;
- under 19 and employed as an apprentice;
- under 26 and in the first 12 months of an apprenticeship; or
- self-employed.
If you are 16 or 17 years old, you must be paid at least £3.30 an hour (£3.40 from 1 October 2007), as long as you are also over the compulsory school age, which means that you have passed the last Friday in June in the school year in which you turn 16. However, this rate of pay does not apply if you are employed as an apprentice.
Your employer cannot force or persuade you to sign away your right to the national minimum wage, or to agree to a lower amount. If you think you are not receiving the minimum wage and you complain, you have legal protection from being dismissed or treated less favourably by your employer because you complained.
If you are not being paid the national minimum wage, you can complain to the National Minimum Wage Helpline (see 'Further help' for the number). HM Revenue & Customs (HMRC) is responsible for enforcing the law and can make an employer pay you the national minimum wage, and also backdated pay.
You or the HMRC can take your employer to an employment tribunal or civil court. If that happens, it is up to your employer to prove they were paying you the national minimum wage. Again, if the tribunal finds that your employer hasn't paid you what they should, you can claim backdated pay.
5. How many hours can my employer make me work?
6. Does my employer have to recognise my trade union?
7. What if I´ve been dismissed unfairly?
8. Bringing a statutory claim for unfair dismissal
9. What if I´ve been made redundant?
10. Bringing a contractual claim for wrongful dismissal
11. What if I´ve been discriminated against?
12. What are my rights if I work part-time?
13. What are my rights if I´m having a baby?
14. Can I take leave as a new father?
15. What are my rights if I´m adopting a child?
16. What other leave can I get after my child is born or adopted?
17. Can I change my working arrangements if I have children?
18. Can I take time off if I am someone´s carer?
This leaflet is published by the Legal Services Commission (LSC). It was written in association with Ian Hunter, Head of the Employment Department, Bird & Bird, Solicitors.
The leaflets are regularly updated but the law may have changed since they were printed so the information in them may be incorrect or out of date.
Leaflet Version: July 2007