head head head

minimum wage calculator

What should I do if I'm not getting the right amount?

If you are entitled to the National Minimum Wage and you think you are being paid less than this, there are various ways you can tackle it:

  • if you feel able, you should raise it directly with your manager. The minimum wage is a clear legal right, and employers can be fined for not paying it. If your employer takes action against you for raising the issue, you do have legal protection against dismissal or detriment for what is called 'asserting a statutory right'.
  • if you are a trade union member, you should talk to your union to get help and advice.
  • if neither of these are appropriate then you can call the National Minimum Wage Helpline 0845 6000678 (local call rate), or email via the HM Revenue and Customs web site. This is the part of HMRC that can enforce the minimum wage. HMRC investigate all the complaints that they receive, including those made anonymously.

Whether you are a member of a recognised trade union or not, and your employer fails to respond satisfactorily to your complaint, you have the legal right to inspect your employer's pay records if you believe, on reasonable grounds, that you are being paid less than the NMW. When inspecting such records you may be accompanied by another person of your choice. However, you must inform your employer that you will be accompanied when you give notice asking your employer to produce the records. Your employer is required to produce the records within 14 days following receipt of your request and must make them available at your place of work or at some other reasonable place.

If your employer fails to produce the records, or allow you to exercise your rights, you may complain to an employment tribunal. You must make your complaint within three months of the ending of the 14 day notice period. You have a right not to suffer a detriment if you assert, in good faith, your right to inspect records or your right to recover underpayment.