UK Act of Parliament 1998 United Kingdom

National Minimum Wage Act 1998

At a glance

Enforced by

HMRC, Fair Work Agency

What's here

6 compliance obligations, 9 practical guides across 4 topics · 12 journeys · 1 statutory instrument

Penalty landscape

2 of 6 obligations carry an unlimited fine. 4 have no criminal penalty — flagged in the list below.

Who this Act binds

Business-side actors with duties under this Act, ranked by how often they appear.

  • Employer 4
  • Director or Officer 1

Plus 1 non-business duty on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.

Step-by-step journeys using this legislation

Walkthroughs that take you from a real business situation to compliance.

Relevant guidance

Practical guides for businesses affected by this Act, ordered by how closely they engage with it.

Other Acts binding the same actors

For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.

What this Act requires

Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.

Schedules

Browse 35 other Schedules — structural / supplementary
s.sch001

(1) The Low Pay Commission appointed under section 8(9) of...

s.sch001

(1) The Secretary of State may pay the members of...

s.sch001

The Secretary of State shall provide the Commission with—

s.sch001

(1) The quorum of the Commission and the arrangements relating...

s.sch001

(1) The entry set out in sub-paragraph (2) below shall...

s.sch002

The Agricultural Wages Act 1948 shall be amended in accordance...

s.sch002

After section 17 there shall be inserted— Relationship between this...

s.sch002

The Agricultural Wages (Scotland) Act 1949 shall be amended in...

s.sch002

(1) Section 3 (power of Scottish Agricultural Wages Board to...

s.sch002

After section 3 there shall be inserted— Enforcement. (1) The enforcement provisions of the National Minimum Wage Act...

s.sch002

In section 4 (enforcement of wages and holiday orders) the...

s.sch002

(1) Section 5 (permits to infirm and incapacitated persons) shall...

s.sch002

Section 11(1)(a) (invalidity of certain agreements) shall cease to have...

s.sch002

(1) Section 12 (officers) shall be amended as follows.

s.sch002

After section 15 there shall be inserted— Information obtained by...

s.sch002

(1) Section 17 (interpretation) shall be amended as follows.

s.sch002

(1) Section 3 (power of Agricultural Wages Board to fix...

s.sch002

After section 17 there shall be inserted— Relationship between this...

s.sch002

The Agricultural Wages (Regulation) (Northern Ireland) Order 1977 shall be...

s.sch002

(1) Article 2 (interpretation) shall be amended as follows.

s.sch002

After Article 2 there shall be inserted— Relationship between this...

s.sch002

(1) Article 4 (power of Agricultural Wages Board for Northern...

s.sch002

(1) Article 6 (permits exempting, in certain cases, payment of...

s.sch002

After Article 8 there shall be inserted— Enforcement. (1) The enforcement provisions of the National Minimum Wage Act...

s.sch002

After Article 11 there shall be inserted— Information obtained by...

s.sch002

After section 3 there shall be inserted— Enforcement. (1) The enforcement provisions of the National Minimum Wage Act...

s.sch002

(1) In section 4 (enforcement of wages and holidays orders)...

s.sch002

(1) Section 5 (permits to incapacitated persons) shall be amended...

s.sch002

Section 11(1)(a) (invalidity of certain agreements) shall cease to have...

s.sch002

(1) Section 12 (officers) shall be amended as follows.

s.sch002

After section 15 there shall be inserted— Information obtained by...

s.sch002

(1) Section 17 (interpretation) shall be amended as follows.

s.024

Enforcement of the right.

Other duties (1) — Crown / regulator
  • Tribunal must determine complaints and award compensation for detriments Tribunal / Court
s.031

Offences.

Unlimited fine
  • Fail to pay National Minimum Wage or keep proper records Employer
  • Fail to pay the national minimum wage Employer
Browse 71 other sections — procedural / definitional / commencement
s.011

Extension of time limit to facilitate conciliation before institution of proceedings

s.016

Disclosure of information by officers

s.019

Notices of underpayment: financial penalty

s.019

Suspension of financial penalty

s.019

Notices of underpayment: appeals

s.019

Non-compliance with notice of underpayment: recovery of arrears

s.019

Non-compliance with notice of underpayment: recovery of penalty

s.019

Withdrawal of notice of underpayment

s.019

Replacement notice of underpayment

s.019

Effect of replacement notice of underpayment

s.022

Withdrawal of enforcement notice

s.022

Replacement of enforcement notice

s.022

Effect of replacement on penalties where section 22A(3) not applied

s.022

Effect of replacement on appeals and civil proceedings where section 22A(3) not applied

s.022

Withdrawal of penalty notice

s.022

Replacement of penalty notice with notice imposing lower penalty

s.037

Cadet Force Adult Volunteers

s.044

Religious and other communities: resident workers.

s.045

Persons discharging fines by unpaid work

s.045

Immigration: detained persons

Official guidance

Authoritative sources published by regulators or government explaining this legislation.

Enforcement and responsible bodies

The regulators that administer or enforce this legislation.

HMRC

Primary

HM Revenue & Customs

Tax collection, customs duties, national insurance, tax credits, and enforcement of the National Minimum Wage. Regulates all UK businesses for tax compliance …

Unified labour market enforcement body for Great Britain. Takes over National Minimum Wage enforcement from HMRC, enforces statutory sick pay and holiday …

1 statutory instrument

These instruments amend, apply, or refer to this Act. They may not all create direct business obligations.

Secondary legislation (1)

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Browse legislation

Find other UK business legislation with related guidance.

Regulators

Learn more about the bodies that enforce this legislation.