NMWM01030 - History of National Minimum Wage and overview of legislation: »Ê¹ÚÌåÓýapp National Minimum Wage Act 1998

Relevant legislation

»Ê¹ÚÌåÓýapp legislation that applies to this page is as follows:

  • National Minimum Wage Act 1998

General

»Ê¹ÚÌåÓýapp National Minimum Wage Act 1998 sets out the basic legal framework for the National Minimum Wage in the United Kingdom and amends agricultural workersâ€� legislation (NMWM01050). It is a framework Act that provides for the detailed provision of its operation in Regulations.

»Ê¹ÚÌåÓýapp Act provides the statutory authority to make regulations and sets out the statutory basis for the Low Pay Commission (NMWM02010). A limited number of its provisions came into force on 31 July 1998 (Royal Assent) and on 1 November 1998, but the majority came into effect on 1 April 1999. Since then, it has had a number of amendments and includes sections about:

  • »Ê¹ÚÌåÓýapp contractual right to be paid the minimum wage
  • Definitions of employee, contract of employment, worker, employer and employment
  • Officers appointed under the Act and powers of officers
  • Establishment of the Low Pay Commission and referrals to it
  • »Ê¹ÚÌåÓýapp right not to suffer a detriment, nor to be dismissed, for reasons relating to the National Minimum Wage and the conciliation processes if this should happen
  • Employersâ€� record keeping and employeesâ€� rights of access to those records
  • Information provisions, including information obtained by agricultural wages officers
  • Enforcement action and a worker’s right to be paid arrears
  • Appeals against notices of underpayment, including appeals against penalties
  • Criminal offences for non-compliance and related matters
  • Tribunal hearings, including reversal of the burden of proof
  • Some special classes of workers
  • A requirement for the Act and Regulations to be widely publicised
  • Relationship of the Act and agricultural wages legislation
  • Remuneration of agricultural workers.

»Ê¹ÚÌåÓýapp NMW (Offshore Employment) Order 1999 came into force on 1 May 1999 and extended the provisions of the Act to those who work, or ordinarily work, in offshore employment.

»Ê¹ÚÌåÓýapp NMW (Offshore Employment) (Amendment) Order 2020 came into force on 1 October 2020 and further extends the provisions of the Act.

»Ê¹ÚÌåÓýapp Act is supported by Regulations (NMWM01040).