head head head

I am an adult worker, and believe I'm being paid below the National Minimum Wage Rate. How can I complain?

The current National Minimum Wage (NMW) rate is £6.08 per hour for adult workers aged 21 years and over (as of 1st October 2011) unless they are in the first year of an apprenticeship.

If you are being paid less than this, there are various ways you can raise it.

  • If you feel able, you should raise it directly with your manager. This is a clear legal right, and employers can be fined for not paying the NMW. If your employer takes action against you for raising it, you do have legal protection against dismissal or detriment for what is called asserting a statutory right.
  • If you are a trade union member, you should call in the union.
  • If neither of these are appropriate then you can contact the Pay and Work Rights Helpline on 0800 917 2368 (free from some landlines), or by online form through the Directgov website

Whether you are a member of a recognised trade union or not, if your employer fails to respond satisfactorily to your complaint, you have the legal right to inspect your employer's pay records if you believe, on reasonable grounds, that you are being paid less than the NMW.

When inspecting such records you may be accompanied by another person of your choice. However, you must inform your employer that you will be accompanied when you give notice asking your employer to produce the records.

Your employer is required to produce the records within 14 days following receipt of your notice, and must make them available at your place of work (or at some other reasonable place).

If your employer fails to produce the records, or allow you to exercise your rights, you may complain to an employment tribunal. You must make your complaint within 3 months of the ending of the 14 day notice period.

You have a right not to suffer a detriment if you exercise, in good faith, your right to inspect records or your right to recover underpayment.