Guide

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

Other instances where the minimum wage is not applicable

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 furtherĀ 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.