National Minimum Wage
Different minimum wage rates apply to apprentices, workers aged 16 to 17 years, 18 to 20 years, 21 years and now also 25 years and over (the National Living Wage).
National Minimum Wage legislation requires that employers keep records sufficient to establish that they are paying their workers at least the minimum rate.
It will be presumed that a worker has not been paid the minimum rate unless the employer can prove otherwise.
Should a worker be dismissed by reason of having become eligible for the National Minimum Wage, this will count as unfair dismissal.
In this case there is no qualifying period requirement and therefore employees with less than 103 weeks’ service will be able to bring an unfair dismissal claim.
It is a criminal offence for an employer not to pay National Minimum Wage and National Living Wage.