National Minimum Wage and National Living Wage - who is not entitled to it

There are some instances where paying the minimum wage is not required.

Work experience as part of an education course

A person doing work experience which is a requirement of a higher or further education course is not eligible for the minimum wage.

Share fishermen and the minimum wage

Share fishermen are fishermen who do not receive a fixed wage or salary but who agree among themselves to divide up the proceeds or profits from a catch. The minimum wage does not apply to share fishermen.

Prisoners and the minimum wage

A prisoner working under prison rules is not entitled to be paid the minimum wage.

A person detained under immigration legislation doing work in a removal centre under their rules is not entitled to be paid the minimum wage.

A person doing work under an order imposed by the courts to discharge a fine does not qualify for the minimum wage.

Members of religious and other communities and the minimum wage

A residential member of a community does not qualify for the minimum wage in respect of employment by the community, providing the following all apply:

• the community is a charity or is established by a charity
• the purpose of the community is to practice or advance a belief of a religious or similar nature
• all, or some of its members, live together for that purpose

This does not apply to a community which is an independent school or provides a course of further or higher education.