National Minimum Wage and National Living Wage - who must be paid it

The meaning of worker for minimum wage purposes

Guide

It is your responsibility as an employer to determine the employment status of individuals who do work for you or your business, and to pay at least the National Minimum Wage or National Living Wage to workers who are eligible for it.

The term 'worker' is defined in minimum wage law. Whether someone is a worker or not depends on the arrangements you made with the individual when they agreed to work for you. See definition of a worker for employment status.

In most cases it is clear whether an individual is a worker or not - see National Minimum Wage and National Living Wage worker checklist to help you decide if you need to pay someone the minimum wage. But there are borderline cases and in these cases only a court or a tribunal can make a final decision on whether someone is entitled to the minimum wage.

If in doubt, call the Acas Helpline on Tel 0300 123 1100 for free and confidential advice or access the Acas Helpline Online service.