สรุป
The National Minimum Wage Act 1998 created a statutory floor on pay for almost all workers in the United Kingdom, ending the previous reliance on sector-specific wages councils. It establishes a single right for qualifying workers to be paid at least the minimum hourly rate (s.1), leaves the actual rates and the detailed rules on which hours count to be set by regulations, and creates the independent Low Pay Commission to advise on the rate. Employers must keep records, workers have a right to inspect them, and compliance is enforced by HMRC officers through civil notices of underpayment and penalties, backed by criminal offences for the most serious breaches.
ประเด็นสำคัญ
- Right to the national minimum wage (s.1) — qualifying workers must be paid at least the prescribed hourly rate, which is set by regulations and reviewed annually
- Rates differ by age band, with the National Living Wage applying to the oldest band (currently workers aged 21 and over)
- Low Pay Commission (ss.5-8) — an independent body that recommends the rates to the Government
- Record-keeping (s.9) and a worker's right of access to those records (s.10)
- Right to additional remuneration where a worker has been underpaid (s.17), enforced by HMRC through notices of underpayment (s.19)
- Criminal offences (s.31) including refusal or wilful neglect to pay the minimum wage and failure to keep records
ส่วนและมาตรา
ประวัติการแก้ไข
2008 — Employment Act 2008
Strengthened enforcement — introduced automatic penalties and the 'fair arrears' rule requiring arrears to be repaid at current rather than historic rates, and reformed the criminal offences.