National Minimum Wage and National Living Wage - who is not entitled to it

There are some instances where paying the minimum wage, including the National Minimum Wage and National Living Wage, is not required.

Work experience as part of an education course

Higher and further education students on work experience or a work placement of up to one year are not eligible for the minimum wage.

Workers younger than school leaving age (usually 16 years old) and people shadowing others at work are not eligible for the minimum wage.

However, employers who offer internships, sometimes called work placements or work experience should check if the person is entitled to the minimum wage. See employment rights and pay for interns.

Share fishermen and the minimum wage

Share fishermen are fishermen who do not receive a fixed wage or salary but who agree among themselves to divide up the proceeds or profits from a catch. The minimum wage does not apply to share fishermen.

Prisoners and the minimum wage

A prisoner working under prison rules is not entitled to be paid the minimum wage.

A person detained under immigration legislation doing work in a removal centre under their rules is not entitled to be paid the minimum wage.

A person doing work under an order imposed by the courts to discharge a fine does not qualify for the minimum wage.

Members of religious and other communities and the minimum wage

A residential member of a community does not qualify for the minimum wage in respect of employment by the community, providing the following all apply:

• the community is a charity or is established by a charity
• the purpose of the community is to practice or advance a belief of a religious or similar nature
• all, or some of its members, live together for that purpose

This does not apply to a community which is an independent school or provides a course of further or higher education.