iBet uBet web content aggregator. Adding the entire web to your favor.
iBet uBet web content aggregator. Adding the entire web to your favor.



Link to original content: http://www.legislation.gov.uk/id/ukpga/1998/39
National Minimum Wage Act 1998

Search Legislation

National Minimum Wage Act 1998

Changes to legislation:

National Minimum Wage Act 1998 is up to date with all changes known to be in force on or before 01 November 2024. There are changes that may be brought into force at a future date. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.

View outstanding changes

Changes and effects yet to be applied to :

  1. Introductory Text

  2. Entitlement to the national minimum wage

    1. 1. Workers to be paid at least the national minimum wage.

  3. Regulations relating to the national minimum wage

    1. 2. Determination of hourly rate of remuneration.

    2. 3. Exclusion of, and modifications for, certain classes of person.

    3. 4. Power to add to the persons to whom section 3 applies.

  4. The Low Pay Commission

    1. 5. The first regulations: referral to the Low Pay Commission.

    2. 6. Referral of matters to the Low Pay Commission at any time.

    3. 7. Referrals to, and reports of, the Low Pay Commission: supplementary.

    4. 8. The Low Pay Commission.

  5. Records

    1. 9. Duty of employers to keep records.

    2. 10. Worker’s right of access to records.

    3. 11. Failure of employer to allow access to records.

    4. 11A.Extension of time limit to facilitate conciliation before institution of proceedings

    5. 12. Employer to provide worker with national minimum wage statement.

  6. Officers

    1. 13. Appointment of officers.

    2. 14. Powers of officers.

  7. Information

    1. 15. Information obtained by officers.

    2. 16. Information obtained by agricultural wages officers.

    3. 16A.Disclosure of information by officers

  8. Enforcement

    1. 17. Non-compliance: worker entitled to additional remuneration.

    2. 18. Enforcement in the case of special classes of worker.

    3. 19. Notices of underpayment: arrears

    4. 19A.Notices of underpayment: financial penalty

    5. 19B.Suspension of financial penalty

    6. 19C.Notices of underpayment: appeals

    7. 19D.Non-compliance with notice of underpayment: recovery of arrears

    8. 19E.Non-compliance with notice of underpayment: recovery of penalty

    9. 19F.Withdrawal of notice of underpayment

    10. 19G.Replacement notice of underpayment

    11. 19H.Effect of replacement notice of underpayment

    12. 20. Non-compliance: power of officer to sue on behalf of worker.

    13. 21. Financial penalty for non-compliance.

    14. 22. Appeals against penalty notices.

    15. 22A.Withdrawal of enforcement notice

    16. 22B.Replacement of enforcement notice

    17. 22C.Effect of replacement on penalties where section 22A(3) not applied

    18. 22D.Effect of replacement on appeals and civil proceedings where section 22A(3) not applied

    19. 22E.Withdrawal of penalty notice

    20. 22F.Replacement of penalty notice with notice imposing lower penalty

  9. Rights not to suffer unfair dismissal or other detriment

    1. 23. The right not to suffer detriment.

    2. 24. Enforcement of the right.

    3. 25. Right of employee not to be unfairly dismissed: Great Britain.

    4. 26. Right of employee not to be unfairly dismissed: Northern Ireland.

  10. Civil procedure, evidence and appeals

    1. 27. Tribunal hearings etc by chairman alone.

    2. 28. Reversal of burden of proof.

    3. 29. Appeals to the Employment Appeal Tribunal.

  11. Conciliation

    1. 30. Conciliation.

  12. Offences

    1. 31. Offences.

    2. 32. Offences by bodies corporate etc.

    3. 33. Proceedings for offences.

  13. Special classes of person

    1. 34. Agency workers who are not otherwise “workers”.

    2. 35. Home workers who are not otherwise “workers”.

    3. 36. Crown employment.

    4. 37.Armed forces.

    5. 37A.Cadet Force Adult Volunteers

    6. 38. House of Lords staff.

    7. 39. House of Commons staff.

    8. 40. Mariners.

  14. Extensions

    1. 41. Power to apply Act to individuals who are not otherwise “workers”.

    2. 42. Power to apply Act to offshore employment.

  15. Exclusions

    1. 43. Share fishermen.

    2. 44. Voluntary workers.

    3. 44A. Religious and other communities: resident workers.

    4. 45. Prisoners.

    5. 45A.Persons discharging fines by unpaid work

    6. 45B.Immigration: detained persons

  16. Agricultural workers

    1. 46. Relationship of this Act and agricultural wages legislation.

    2. 47. Amendments relating to remuneration etc of agricultural workers.

  17. Miscellaneous

    1. 48. Application of Act to superior employers.

    2. 49. Restrictions on contracting out.

    3. 50. Publicity.

  18. Supplementary

    1. 51. Regulations and orders.

    2. 52. Expenses.

    3. 53. Repeals and revocations.

    4. 54. Meaning of “worker”, “employee” etc.

    5. 55. Interpretation.

    6. 56. Short title, commencement and extent.

  19. SCHEDULES

    1. SCHEDULE 1

      The Low Pay Commission

      1. Membership

        1. 1.(1) The Low Pay Commission appointed under section 8(9) of...

      2. Financial provisions

        1. 2.(1) The Secretary of State may pay the members of...

      3. Staff, facilities and money

        1. 3.The Secretary of State shall provide the Commission with—

      4. Proceedings

        1. 4.(1) The quorum of the Commission and the arrangements relating...

      5. Disqualification for House of Commons and Northern Ireland Assembly

        1. 5.(1) The entry set out in sub-paragraph (2) below shall...

    2. SCHEDULE 2

      Amendments relating to remuneration etc of agricultural workers

      1. Part I The Agricultural Wages Act 1948

        1. 1.The Agricultural Wages Act 1948 shall be amended in accordance...

        2. Section 3

          1. 2.(1) Section 3 (power of Agricultural Wages Board to fix...

        3. Enforcement

          1. 3.After section 3 there shall be inserted— Enforcement. (1) The enforcement provisions of the National Minimum Wage Act...

        4. Section 4

          1. 4.(1) In section 4 (enforcement of wages and holidays orders)...

        5. Section 5

          1. 5.(1) Section 5 (permits to incapacitated persons) shall be amended...

        6. Section 11

          1. 6.Section 11(1)(a) (invalidity of certain agreements) shall cease to have...

        7. Section 12

          1. 7.(1) Section 12 (officers) shall be amended as follows.

        8. Information obtained by national minimum wage officers

          1. 8.After section 15 there shall be inserted— Information obtained by...

        9. Section 17

          1. 9.(1) Section 17 (interpretation) shall be amended as follows.

        10. Relationship between the national minimum wage and agricultural wages legislation

          1. 10.After section 17 there shall be inserted— Relationship between this...

      2. Part II The Agricultural Wages (Scotland) Act 1949

        1. 11.The Agricultural Wages (Scotland) Act 1949 shall be amended in...

        2. Section 3

          1. 12.(1) Section 3 (power of Scottish Agricultural Wages Board to...

        3. Enforcement

          1. 13.After section 3 there shall be inserted— Enforcement. (1) The enforcement provisions of the National Minimum Wage Act...

        4. Section 4

          1. 14.In section 4 (enforcement of wages and holiday orders) the...

        5. Section 5

          1. 15.(1) Section 5 (permits to infirm and incapacitated persons) shall...

        6. Section 11

          1. 16.Section 11(1)(a) (invalidity of certain agreements) shall cease to have...

        7. Section 12

          1. 17.(1) Section 12 (officers) shall be amended as follows.

        8. Information obtained by national minimum wage officers

          1. 18.After section 15 there shall be inserted— Information obtained by...

        9. Section 17

          1. 19.(1) Section 17 (interpretation) shall be amended as follows.

        10. Relationship between national minimum wage and agricultural wages legislation

          1. 20.After section 17 there shall be inserted— Relationship between this...

      3. Part III The Agricultural Wages (Regulation) (Northern Ireland) Order 1977

        1. 21.The Agricultural Wages (Regulation) (Northern Ireland) Order 1977 shall be...

        2. Article 2

          1. 22.(1) Article 2 (interpretation) shall be amended as follows.

        3. Relationship between the national minimum wage and agricultural wages legislation

          1. 23.After Article 2 there shall be inserted— Relationship between this...

        4. Article 4

          1. 24.(1) Article 4 (power of Agricultural Wages Board for Northern...

        5. Article 6

          1. 25.(1) Article 6 (permits exempting, in certain cases, payment of...

        6. Enforcement

          1. 26.After Article 8 there shall be inserted— Enforcement. (1) The enforcement provisions of the National Minimum Wage Act...

        7. Information obtained by national minimum wage officers

          1. 27.After Article 11 there shall be inserted— Information obtained by...

    3. SCHEDULE 3

      Repeals and revocations

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources