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What should I do if my employer does not pay the new National Living Wage?

What should I do if my employer does not pay the new National Living Wage?

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Check whether you are being underpaid

First, make sure your pay is actually below the National Living Wage. In the UK, the National Living Wage applies to eligible workers aged 21 and over, and the rate can change each tax year.

Check your hourly pay after deductions that should not reduce your minimum wage, such as uniform costs, work expenses, or unpaid time spent working. If you are paid a salary, divide it by the hours you actually work to see your true hourly rate.

You can also use the GOV.UK minimum wage calculator to help confirm whether your employer is paying the correct amount. Keep copies of your payslips, contract, and any records of your hours worked.

Raise the issue with your employer

If you think you are being underpaid, speak to your employer as soon as possible. Sometimes the problem is a payroll mistake, and it can be fixed quickly once it is raised.

Try to do this in writing so you have a clear record of what you have said. Be polite and factual, and explain the hours you worked, what you were paid, and why you believe the rate is below the legal minimum.

If needed, ask for a meeting with your manager or HR department. Bring evidence with you, such as timesheets, rotas, and payslips.

Keep records of everything

It is important to gather evidence early. Keep copies of emails, messages, payslips, bank statements, and any notes from conversations about your pay.

Record the dates and times you worked, especially if your hours vary from week to week. This can help prove what you should have been paid.

If your employer later disputes your claim, these records may be very useful. Good records make it easier for HMRC or an employment tribunal to understand your case.

Get help from HMRC or ACAS

If your employer will not resolve the issue, you can report them to HMRC. HMRC can investigate underpayments of the National Living Wage and may order the employer to pay what you are owed.

You can also contact ACAS for free, impartial advice. ACAS can explain your rights and may help with early conciliation if you decide to make a formal claim.

If you are in a trade union, contact your representative as soon as possible. They may be able to support you directly with the complaint or negotiation.

Consider your next steps

Being underpaid is serious, and you should not lose your job or be treated unfairly for raising it. If you think you have been dismissed or punished for asking about your wages, get advice quickly.

You may be able to make a claim for unlawful deduction from wages or, in some cases, unfair dismissal. Strict time limits can apply, so do not delay.

If you need legal advice, speak to an employment solicitor, Citizens Advice, or a local law centre. Acting early gives you the best chance of recovering the money you are owed.

Frequently Asked Questions

It means your employer may be paying you less than the current legal minimum wage rate that applies to your age and status. You should check your payslip, hourly rate, and working time to confirm whether you are being underpaid.

Compare your actual hourly pay against the current National Living Wage or National Minimum Wage rate that applies to you. If your pay divided by your working hours is below the legal rate, you may be affected.

Most workers in the UK are covered by minimum wage laws, including many employees and some workers on casual or zero-hours contracts. Age, apprenticeship status, and whether you are genuinely self-employed can affect which rate applies.

Start by checking your contract, payslips, and hours worked, then raise the issue with your employer or payroll department. If the problem is not resolved, you can seek advice from ACAS, HMRC, or a legal adviser.

Yes, suspected underpayment of minimum wage can be reported to HMRC. HMRC can investigate and, if necessary, require the employer to pay arrears and penalties.

Yes, if you have been underpaid, you may be entitled to back pay for the shortfall. The employer may also have to correct your pay going forward.

Useful evidence includes payslips, contracts, rotas, timesheets, bank statements, and records of hours worked. Keep any messages or emails that show your pay arrangements.

Yes, paying below the legal minimum wage is generally unlawful in the UK. Employers who do this may face enforcement action and penalties.

Yes, if you are required to work before clocking in, after clocking out, or during unpaid tasks, your effective hourly pay may fall below the legal minimum. All qualifying working time should be included in the calculation.

Yes, apprentices have a specific minimum wage rate that may be lower than the National Living Wage depending on age and apprenticeship stage. If they are paid below the rate that applies to them, that is still underpayment.

Yes, salaried workers are also protected by minimum wage rules. Their annual salary must still work out to at least the correct minimum hourly rate for the hours they are expected to work.

In many cases, yes, you can raise the issue and ask for repayment or a pay correction without giving up your job. Dismissing or treating you badly for asserting wage rights may itself be unlawful.

An employer may have to repay arrears and could face financial penalties or public naming by enforcement authorities. Serious or repeated breaches can also damage the employer's reputation and business operations.

You should act as soon as possible because legal time limits can apply if you want to make a claim or recover money. Getting advice early helps protect your rights and evidence.

Yes, if your basic hourly rate is too low, it may also affect the calculation of holiday pay, overtime, and other pay elements. Any underpayment should be reviewed across all relevant parts of your pay.

Yes, certain deductions for uniforms, tools, meals, or training can reduce your effective pay below the legal minimum. Some deductions are allowed, but they must not take you under the minimum wage.

You can calmly explain that you believe your pay is below the current legal minimum and ask for a review of your rate and hours. It helps to provide calculations and copies of relevant records.

Yes, workers on zero-hours contracts are still entitled to the correct minimum wage for the time they actually work. Irregular hours do not remove the employer's responsibility to pay at least the legal rate.

Yes, different minimum wage rates can apply depending on your age and whether you are an apprentice. You must be paid at least the rate that applies to your category.

You can contact ACAS for free advice, report the issue to HMRC, or speak to an employment solicitor or advice charity. If the underpayment is ongoing, getting support early can help you recover money and protect your rights.

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This website offers general information and is not a substitute for professional advice. Always seek guidance from qualified professionals. If you have any medical concerns or need urgent help, contact a healthcare professional or emergency services immediately.

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