Paid below minimum wage? How to check and what to do

Your shift ends at eleven. The cash-up, mopping and manager’s till check take another half-hour. If you have to stay, that is work, even when the rota pretends otherwise. A minimum-wage hourly rate means little if your employer leaves hours out of the calculation. Keep a record of the close. It may be the difference between a payslip that looks lawful and money you are owed.

What to do today

Write this pay period down before the rota changes. A grievance does not stop the clock, and nor does a promise to look into it.

1. Write down the hours. Record start and finish times, required prep, the close, training and travel between jobs. Record waiting time when you must stay available at work. Note genuine breaks separately, and leave out an ordinary commute. On a sleep-in, note when you were awake for work.
2. Keep your own copies. Save payslips, rotas and messages about your hours somewhere you can access after leaving the job. Keep receipts for required clothing or equipment. Avoid copying clients’ or patients’ confidential information.
3. Check the pay period. Divide pay that counts by hours that count, using the rules below. For hourly work, include all qualifying hours actually worked. For salaried-hours work, ask for the basic annual hours and calculation year.
4. Ask in writing, if it is safe. Request the shortfall, an itemised payslip and access to your minimum-wage records. A written records request normally gives the employer 14 days to produce them. You can report directly without confronting a manager first.
5. Report it and protect your deadline. Use the pay and work rights complaint form. HMRC enforces the minimum wage for the Fair Work Agency. Ask it not to disclose your identity. Reporting does not pause a tribunal deadline. In Great Britain, notify Acas for early conciliation if you may claim. A helpline call is not that notification. In Northern Ireland, notify the Labour Relations Agency.

You do not have to challenge this alone. For kitchens, bars, hotels, security and warehouses, try Unite or GMB. Shop workers can ask Usdaw; care and NHS support staff can ask UNISON or GMB. Cleaners and delivery riders can also ask the IWGB. If the dispute has already started, check what membership covers. Do not assume a new membership includes legal representation for an existing problem.

Acas’s helpline is 0300 123 1100, Monday to Friday, 8am to 6pm. Advice is free, and a translation service is available. Citizens Advice or a law centre may help check the figures and claim route. If your visa is tied to the employer, seek immigration and employment advice before confronting them. A union, law centre or the Work Rights Centre is a place to start. You can report a job you have left, without hiring a solicitor.

How to check one pay period

The test uses a pay reference period, usually a week, fortnight or month, never longer than one calendar month. Divide the pay that counts by the hours that count. The answer must reach your applicable minimum-wage rate. For hourly work, use the actual qualifying hours in that period. A salary needs the separate calculation below.

These UK-wide rates took effect on 1 April 2026 under the National Minimum Wage (Amendment) Regulations 2026. A new rate applies from the first pay reference period beginning on or after that date.

Under school-leaving age, there is no entitlement. Calling someone an apprentice does not make the apprentice rate lawful. Our rates guide explains the bands. A birthday that moves you into a higher band changes your rate from the first pay reference period beginning on or after that birthday, not halfway through a period. The same timing rule applies when an apprentice becomes entitled to their age rate.

For pay periods beginning from April 2025 to March 2026, the adult rate was £12.21 and the 18 to 20 rate was £10.00. Check old pay against the rate that applied then. If it fell short, the arrears formula below can increase the amount owed now.

Check Your Pay only tests the hours you type in. Leave out the close and it will not find the shortfall.

If the hourly rate only works because the close was free, the rate is unlawful.

If you are paid a salary

A salary does not exempt your employer. But a monthly salary divided by that month’s actual hours is not always the legal test. Salaried-hours work has a specific meaning. It generally requires an annual salary for an ascertainable number of basic annual hours, paid in qualifying regular instalments. A fixed monthly payment alone does not settle which rules apply.

For qualifying salaried-hours work, the starting hours for a monthly pay period are basic annual hours divided by 12. Record actual hours as well. Once you exceed the basic annual hours in the calculation year, unpaid excess hours must enter the minimum-wage calculation. Leaving partway through the year also needs a separate check. Ask your employer or adviser to identify the basic annual hours, calculation year and excess-hours calculation.

We call requiring unpaid closing work that leaves you below the legal minimum wage theft. The legal claim is for underpayment. A payslip showing the right advertised rate does not excuse it.

Hours the rota left off

For hourly work, required prep and closing tasks count, as do training, travel between assignments and time you must stay available at or near the workplace. A warehouse security queue after clocking out deserves recording, not automatic exclusion. Arriving early by choice is different from being told to be there. The working-hours rules depend on the type of work and what you were required to do.

The road between care visits is minimum-wage working time. The ordinary journey from home to the first visit, and back from the last, is not. Travel costs are a separate issue, covered in our care pay guide. A cleaner travelling between sites or a guard sent between workplaces should record that travel too.

For salaried-hours work, some paid breaks and absences included in the basic annual hours can count. Do not apply the hourly-work table to your salary without checking the contract and salaried-hours rules.

On a genuine sleep-in, only time awake for the purpose of working counts. That is Royal Mencap Society v Tomlinson-Blake [2021] UKSC 8. Awake because the building is noisy is not awake for work. If you are expected to answer calls all night rather than sleep, the whole period can count. A waking night does not become a sleep-in because the rota says so.

The £8.00 apprentice rate applies only under 19, or at 19 and over in the first year of a real apprenticeship. After that, the age rate applies. Off-the-job training hours have to be paid throughout. A 21-year-old in year two on £8.00 for 37.5 hours is short by £4.71 an hour: 4.71 × 37.5 = £176.63 a week.

What counts as pay

Start with gross pay, before tax and National Insurance. Remove payments that do not count, then subtract deductions or unreimbursed costs that reduce minimum-wage pay. The calculation rules cover both deductions from wages and payments you make separately. Required uniform costs can reduce the figure even if you agreed to them or bought the clothing elsewhere.

Tips, gratuities and service charges never count towards the minimum wage, including through a tronc. Expense reimbursements do not count as wages either. For hourly work, exclude the extra premium above basic pay for overtime or special shifts, not the whole overtime payment. Salary sacrifice reduces the salary available for this check. Ordinary pension deductions from pay are different.

A till shortage needs its own check. Deductions for misconduct or another event for which you are contractually liable can fall within an exception and not reduce minimum-wage pay. That does not automatically make the deduction lawful. Our deductions guide explains the separate rules. Meals also need care. A deduction for the employer’s benefit is not treated like a voluntary purchase after payday.

Only a room the employer provides can count towards the wage, and only up to £11.10 a day from 1 April 2026, which is £77.70 across seven days. Before that date the offset was £10.66. Charge up to the offset and the rent does not reduce this sum. Charge more, and only the excess comes off. A free room adds the offset, not the market rent.

Cash in hand, and the payslip

Cash in an envelope is still wages. A car wash, a salon or a kitchen does not get an exemption because the notes were counted out by hand. Untaxed cash does not wipe the debt either. HMRC will also see the tax problem. Get advice before you assume one issue blocks the other, and write the hours down anyway.

In Great Britain, workers as well as employees have had a right to an itemised pay statement since 6 April 2019. It is due at or before payday and must show gross and net pay, deductions and, where pay varies with time worked, the number of hours. The right is in section 8 of the Employment Rights Act 1996. Northern Ireland differs. The Labour Relations Agency’s guidance says the statutory right covers employees, not other workers.

A payslip complaint in Great Britain can lead to a tribunal declaration and, in some cases, an award for unnotified deductions. It does not automatically recover every deduction or the whole wage. Missing payslips are also not proof, by themselves, that no minimum-wage records exist. Employers must keep sufficient records to demonstrate payment, normally for six years. Failure to keep them is a criminal offence.

If you reasonably believe you were underpaid, request access to your minimum-wage records in writing. The employer must produce them within 14 days of receiving the request, unless you agree a later date. You can inspect and copy them. If you want someone to accompany you, say so in the request.

If the employer refuses access or fails to produce the records, you can complain to a tribunal. A successful complaint brings an award of 80 times the applicable hourly minimum-wage rate. At £12.71, that is £1,016.80. It is separate from the wage arrears. In civil proceedings, the employer bears the burden of proving it paid the minimum wage.

Who is covered

The National Minimum Wage Act 1998 covers workers: employees, and anyone contracted to do the work personally. Zero-hours, casual, bank and part-time contracts are in. A visa does not take you out. The label on the paper is not the test. Genuinely self-employed people, running a business for clients, are out. Told when and where to be, required to do the work yourself, paid by the hour: likely a worker. The status guide has the tests. You can report while that argument is open.

Agency staff are owed the minimum wage by the responsible agency or hirer, even if the hirer has not paid the agency. Umbrella workers should check their own gross wages, not a quoted assignment rate that includes the umbrella’s costs. An internship or trial label does not exempt productive work. See our unpaid trial shifts guide.

There are specific exemptions, including qualifying charity volunteers, course-required placements of up to one year and some government work schemes. Do not assume an ordinary trial shift qualifies. Family members living in the employer’s home can be exempt. An unrelated live-in carer, nanny or housekeeper is not exempt merely because they live there.

How to get the money

Two routes, and they clash if you start both. HMRC will not take a minimum-wage complaint forward once a tribunal claim on the same issue has started, and the complaint does not pause the tribunal clock. If a date is close, protect it. Do not wait for an investigation to finish.

Use Complain about pay and work rights. Since 7 April 2026, HMRC has done this for the Fair Work Agency. There is no new form, and the Gangmasters and Labour Abuse Authority was absorbed the same day. Withholding your name is a request, not a promise: a four-person rota can still make the source obvious. The helpline can help if the form sticks. In Wales, a Welsh-language version goes through HMRC’s Welsh helpline.

A notice of underpayment can require arrears plus a penalty of up to 200% of the arrears, capped at £20,000 per worker. The penalty halves if the employer complies with every term within 14 days of service. You receive the arrears, not the penalty. Deliberate non-payment and falsifying records can also lead to prosecution. You do not need to threaten prosecution to make a complaint.

Named employers have been published since 2011. Round 24, on 3 September 2026, was the first under the Fair Work Agency. Check whether yours is on the list.

Today’s rate, not the old one

Arrears use the current rate for the age band that applied when you were underpaid, not the band you are in now. Divide the original shortfall by the old rate, then multiply by today’s rate for that band. If the current rate would produce a lower amount, you still get the original shortfall. A further increase before repayment can increase the arrears again. Underpaid at 19 and now 22? That old period uses today’s 18 to 20 rate, not £12.71. Older periods spanning changes to the age bands need a separate check.

Tribunal or court

You can claim unpaid minimum wages through an unlawful-deduction claim. In Great Britain, notify Acas for early conciliation first. Under the commencement and transitional regulations, the usual limit is six months minus a day where the wage payment containing the deduction, or the last deduction in a series, falls on or after 1 October 2026. An earlier relevant date normally leaves you with three months minus a day. The longer limit does not revive every older claim.

Notify Acas within the applicable limit. Early conciliation changes how the filing deadline is calculated; a grievance or HMRC complaint does not. Use our time limits guide and deadline calculator, then get advice if dates or a series of deductions are disputed. A records-access or retaliation complaint has its own trigger date.

In Great Britain, deduction claims normally have a two-year recovery backstop under the Deduction from Wages (Limitation) Regulations 2014. This is separate from the deadline for starting the claim. Ask an adviser whether another route could recover older arrears. Do not assume separate deductions automatically form one continuing series.

A civil claim can generally reach back six years in England, Wales and Northern Ireland. Scotland uses the sheriff court and generally a five-year prescription period. The starting date, interruptions and legal basis matter. Civil courts have different fees and costs risks from tribunals, so get advice before choosing. HMRC can also take tribunal or court action on a worker’s behalf.

Dismissal, or worse treatment, for asserting the wage, reaching a higher band, or complaining is unlawful. An employee’s dismissal on that ground is automatically unfair, with no need for two years’ service. A worker who is not an employee claims detriment instead. The right does not stop a rota being cut before anyone hears the case. Keep the messages. If the visa sits with this employer, get advice before you say it in the group chat.

Scotland, Wales and Northern Ireland

The minimum-wage rates are UK-wide, and HMRC enforces them throughout the UK for the Fair Work Agency. Northern Ireland’s minimum-wage guidance confirms the same rates. The October 2026 extension of wage-claim deadlines described above applies in England, Wales and Scotland. Do not carry it over to Northern Ireland.

Scotland uses the same complaint form. A contract claim goes to the sheriff court, and the prescription period is five years, not six. The Scottish Agricultural Wages Board can set a higher farm rate. The UK minimum remains the floor.

In Northern Ireland, notify the Labour Relations Agency for early conciliation, not Acas, before an industrial tribunal claim. Its guidance gives the usual deadline as three months from the relevant event. Treat three months minus a day as the usual wage-claim starting limit and get the exact date checked, including any conciliation adjustment. The Great Britain two-year deductions backstop does not apply there. Northern Ireland also has its own payslip rules, explained above. Its Agricultural Wages Board can set farm rates above the UK minimum. See our Northern Ireland guide for the wider differences.

What is in force, and what is not

1. 1 April 2026New rates in force

   £12.71 at 21 and over, £10.85 at 18 to 20, £8.00 under 18 and for qualifying apprentices. Accommodation offset: £11.10 a day. The new rates apply from the first pay period starting on or after this date.

2. 7 April 2026Fair Work Agency established

   In force. HMRC still enforces the minimum wage for the Agency. The complaint form did not change.

3. 1 October 2026Longer wage-claim limits in Great Britain

   The usual limit is six months minus a day where the wage payment containing the deduction, or the last deduction in a series, falls on or after this date. An earlier relevant date normally leaves the three-month limit.

4. April 2027Enforcement transfer planned

   Minimum-wage enforcement is scheduled to move fully inside the Fair Work Agency. Holiday-pay enforcement is expected in 2027. These are planned changes, not the arrangements in force on 1 October 2026. April 2027 wage rates have not been announced.

Questions people ask

What should you do first if you are paid below the minimum wage?

Record this pay period’s hours and keep copies of the rota, payslips and messages. Seek union or free advice if raising it could put your shifts or visa at risk. You can report directly to HMRC without first asking your employer. Notify Acas for early conciliation in Great Britain, or the Labour Relations Agency in Northern Ireland, before a tribunal deadline expires.

How do you check whether you are on the minimum wage?

Divide pay that counts by hours that count for the pay reference period. For hourly work, include required unpaid tasks and travel between jobs. Remove tips and relevant job costs. Do not use take-home pay after tax. Qualifying salaried-hours work uses basic annual hours and an excess-hours calculation, not always the hours worked in that particular month.

Can you report your employer without them knowing it was you?

You can ask HMRC not to disclose your identity. Someone else can complain with your permission, including about a job you have left. Your employer may still infer who complained from the circumstances. Starting tribunal action on the same issue can stop HMRC acting on your behalf.

Does the minimum wage apply to cash in hand with no payslip?

Yes. Cash does not cancel the minimum-wage right. In Great Britain, workers and employees are entitled to an itemised payslip. In Northern Ireland, the statutory payslip right covers employees, not all workers. Keep a record of cash received and hours worked. If tax, immigration status or the arrangement’s legality is an issue, get specialist advice rather than assuming you have no claim.

Can uniform deductions take your pay below the minimum wage?

They can cause underpayment, but your employer cannot lawfully leave you below the minimum. Required uniform costs reduce pay that counts, even if you agreed to the charge or paid another shop. In Jordan’s example, a £25 charge leaves a £25 shortfall. Whether the charge itself was permitted is a separate question.

How far back can you claim, and is it the old rate?

For arrears, uplift the shortfall using the current rate for the age band that applied then, or retain the original shortfall if higher. In Great Britain, tribunal deduction claims normally have a two-year recovery backstop. Civil claims generally have six-year limits in England, Wales and Northern Ireland, and a five-year prescription period in Scotland. Those recovery periods are not the much shorter deadline for starting a tribunal claim. Get advice on the route and any disputed series.

Sources

1. National Minimum Wage Act 1998, legislation.gov.uk.
2. National Minimum Wage (Amendment) Regulations 2026, legislation.gov.uk.
3. National Minimum Wage and National Living Wage rates, GOV.UK.
4. National Living Wage increases to £12.71 per hour, GOV.UK. Includes the April 2025 and April 2026 rates.
5. Calculating the minimum wage: eligibility, GOV.UK.
6. Calculating the minimum wage: pay, deductions and pay reference periods, GOV.UK. Deduction exceptions and the timing of rate changes.
7. Working hours for which the minimum wage must be paid, GOV.UK. Salaried-hours work, basic annual hours, excess hours, travel and breaks.
8. Enforcing the minimum wage, GOV.UK. Records requests and retention, the 80-times award, arrears and penalties.
9. Accommodation and the minimum wage, GOV.UK.
10. Employment Rights Act 1996, section 8, legislation.gov.uk.
11. Employment Rights Act 1996 (Itemised Pay Statement) (Amendment) Order 2018, legislation.gov.uk.
12. Payslips, Labour Relations Agency. Northern Ireland’s employee-only statutory right.
13. Complain about pay and work rights, GOV.UK.
14. Pay and work rights, GOV.UK.
15. Check Your Pay, GOV.UK.
16. Fair Work Agency delivery plan 2026 to 2027, GOV.UK. Current enforcement arrangements and planned transfer.
17. Nearly 660 employers named for failing to pay the minimum wage, GOV.UK, 3 September 2026. Source for the naming round, approximately £4 million repaid and more than 27,000 workers.
18. Over 370,000 workers were underpaid in April 2024, Low Pay Commission, December 2024. Pay estimate, not a count of established legal breaches.
19. Tribunal statistics quarterly, April to June 2026, Ministry of Justice. Source for approximately 70,000 open single claims.
20. Employment Rights Act 2025 (Commencement No. 5 and Transitional Provisions) (Amendment) Regulations 2026, legislation.gov.uk. The 1 October commencement and wage-claim transition dates.
21. Deduction from Wages (Limitation) Regulations 2014, legislation.gov.uk.
22. Royal Mencap Society v Tomlinson-Blake, UK Supreme Court, [2021] UKSC 8.
23. Low Pay Commission remit 2026, GOV.UK. Proposed alignment of the 18 to 20 rate, not an announced new entitlement.
24. National Minimum Wage and Living Wage, nidirect.
25. Early conciliation, Labour Relations Agency. Northern Ireland’s notification route and usual three-month claim limit.