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I’ve taken a temporary Christmas job, but it doesn’t pay the minimum wage - is this legal?

Sadly, Scrooge did not die along with Dickens, so you should check that your boss has got it right. Most people are entitled to the minimum wage - including home workers, agency workers, piece and commission workers, part-time workers and those working for small firms.

As of 1 October 2009, the adult rate for workers aged 22 and over is £5.80 per hour. The development rate for 18-21 year olds and for workers receiving accredited training and in the first 6 months of a new job is £4.83 per hour. 16-17 year olds have a lower rate of £3.57.

The bad news is that the following workers are exempt from the minimum wage:

  • family members working in a family business
  • those who live with their employer and share their leisure facilities, such as au pairs
  • some trainees on government-funded schemes such as the New Deal voluntary and environmental task forces
  • apprentices and national trainees aged under the age of 19, plus those aged 19 and over in the first year of their apprenticeship/ traineeship
  • students in higher education work placements, if the placement lasts for a maximum of one year.
  • armed forces
  • prisoners
  • share fishermen, mariners and offshore workers based outside the UK for the majority of the time
  • the genuinely self-employed (this means running your own business - its a tougher test than just being treated as self-employed by the Inland Revenue).

Employers can also pay up to £31.57 less per week if they provide accommodation.

For further advice, contact your union, see the National Minimum Wage information on the BIS website, or ring the Government's National Minimum Wage helpline on 0845 6000 678 (charged at local rates).