National Minimum Wage and National Living Wage - calculating minimum wage pay

Some workers, typically agency workers, record the time they have worked during a pay reference period in timesheets.

Generally, hours recorded in a timesheet will count towards the minimum wage for the pay reference period in which the worker worked the hours. However, for this to apply you must pay the worker for the hours in that pay reference period or the next pay reference period.

Special rule for paying the worker

If a worker submits their timesheet within the four working days at the end of the pay reference period after they did the work a special rule applies. You have until the end of the next pay reference period to pay the worker. If you do this, you can count the hours in the pay reference period they were worked when calculating the worker's minimum wage pay.

For example, you pay a worker at the end of each month - so they have a monthly pay reference period. To be able to count pay towards the hours recorded on their timesheet as worked in May then you should pay the worker for them in either May or June.

However, if the worker gives you their timesheet two days before the end of June, then to be able to count the pay towards the hours recorded in their May timesheet in that pay reference period you should pay the worker for them in either June or July.