workSMART from the TUC

I am an adult worker, and believe I'm being paid below the National Minimum Wage Rate. How can I complain?

The current National Minimum Wage (NMW) rate is £5.73 per hour for adult workers over the age of 22 years, as of 1st October 2008.

If you are being paid less than this there are various ways you can raise it:

  • if you feel able, you should raise it directly with your manager. This is a clear legal right, and employers can be fined for not paying the NMW. If your employer takes action against you for raising it, 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 call in the union.
  • if neither of these are appropriate then you can call the National Minimum Wage Helpline 0845 6000678 (local call rate), or email via the Inland Revenue web site. This is the part of the Inland Revenue that can enforce the minimum wage.

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 notice 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.


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This information is taken from workSMART.org.uk, the help and advice portal for all people at work, from the TUC

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