National minimum wage Act 1998 - wikipedia National minimum wage Act 1998 This article is about an Act of Parliament in the United Kingdom. For other uses, see NMWA ( disambiguation ). National Minimum Wage Act 1998 Parliament of the United Kingdom Long title An Act to make provision for and in connection with a national minimum wage ; to provide for the amendment of certain enactments relating to the remuneration of persons employed in agriculture ; and for connected purposes. Citation 1998 Territorial extent England and Wales ; Scotland ; Northern Ireland Dates Royal assent 1998 Status : Current legislation Text of statute as originally enacted Revised text of statute as amended The National Minimum Wage Act 1998 creates a minimum wage across the United Kingdom, currently £ 7.50 per hour for workers aged over 25, £ 7.05 per hour for workers aged 21 to 24 and £ 5.60 per hour for workers aged 18 to 20. It was a flagship policy of the Labour Party in the UK during its 1997 election campaign and is still pronounced today in Labour Party circulars as an outstanding gain for ' at least 1.5 million people '. The national minimum wage ( NMW ) took effect on 1 April 1999. On 1 April 2016 an amendment to the act attempted an obligatory `` National Living Wage '' for workers over 25, which was implemented at a significantly higher minimum wage rate of £ 7.20 ( £ 7.50 from April 2017 ), and is expected to rise to at least £ 9 per hour by 2020. Contents 1 Background 2 Overview 3 Law 3.1 Enforcement 3.2 Case law 4 Statistics 5 Perspectives 6 Current and past rates 7 See also 8 Notes 9 References 10 External links Background No national minimum wage existed prior to 1998, although there were a variety of systems of wage controls focused on specific industries under the Trade Boards Act 1909. The Wages Councils Act 1945 and subsequent acts applied sectoral minimum wages. These were gradually dismantled, until the Trade Union Reform and Employment Rights Act 1993 abolished the 26 final wages councils that had protected around 2.5 million low paid workers. Part of the reason for Labour 's minimum wage policy was the decline of trade union membership over recent decades ( weakening employees ' bargaining power ), as well as a recognition that the employees most vulnerable to low pay ( especially in service industries ) were rarely unionised in the first place. Labour had returned to government in 1997 after 18 years in opposition, and a minimum wage had been a party policy as long ago as 1986 under the leadership of Neil Kinnock. The implementation of a minimum wage was opposed by the Conservative Party and supported by the Liberal Democrats. Overview The NMW rates are reviewed each year by the Low Pay Commission, which makes recommendations for change to the Government. The following rates apply as of April 2017 : Law Sources on wages National Minimum Wage Act 1998 National Minimum Wage Regulations 1999 Employment Act 2008 ss 8 - 12 Edmonds v Lawson ( 2000 ) James v Redcats ( Brands ) Ltd ( 2007 ) British Nursing Assn v Inland Revenue ( 2002 ) Scottbridge Construction Ltd v Wright ( 2002 ) Walton v Ind Living Organisation ( 2003 ) McCartney v Oversley House Management ( 2006 ) Leisure Employment Ltd v HMRC ( 2007 ) Nerva v United Kingdom ( 2003 ) 36 EHRR 4 see Minimum wage in the United Kingdom The UK 's National Minimum Wage up to April 2017. ' Adult rate ' is for employees aged 21 and over from 2010, and 22 and over prior to then. ' Development rate ' is for employees aged 18 -- 20 from 2010, and 18 - 21 prior to then. ' 16 - 17 year olds rate ' was introduced in 2004, prior to that there was no minimum wage at this age. ' Apprentice rate ' was introduced in 2010. ' National Living Wage ' was introduced in April 2016, and applies to employees aged 25 and over. The National Minimum Wage Act 1998 applies to workers ( section 1 ( 2 ) ), that is, anyone who has a contract to do work personally, other than for a customer or a client ( section 54 ( 3 ) ). Those working through agencies are included ( section 34 ), so that the agencies ' charges must not reduce a worker 's basic entitlement. Home - workers are also included, and the Secretary of State can make order for other inclusions. The Secretary of State can also make exclusions, as has been done for au pairs and family members in a family business. Share fishermen paid by a share of profits are excluded, as are unpaid volunteers and prisoners ( sections 43 - 45 ). The hours that are used in a national minimum wage calculation are dependent upon work type as defined within the National Minimum Wage Regulations 1999. The different work types are time work, salaried hours work, output work and unmeasured work. Hours to be paid for are those worked in the `` pay reference period '', but where pay is not contractually referable to hours, such as pay by output, then the time actually worked must be ascertained. The principle is that the rate of pay for hours worked should not fall below the minimum. Periods when the worker is on industrial action, travelling to and from work and absent are excluded. A worker who is required to be awake and available for work must receive the minimum rate. This does not prevent use of `` zero hour contracts '', where the worker is guaranteed no hours and is under no obligation to work. Enforcement The NMW is enforceable by HMRC ( section 14 ), or by the worker making a contractual claim or through a `` wrongful deduction '' claim under Part II of the Employment Rights Act 1996. Section 18 provides for compensation. Employers must not subject their workers to dismissal or any other detriment ( section 25 and section 23 ). In October 2013, new rules to `` name and shame '' employers paying under the minimum wage were established, so that the names of most employers issued with a Notice of Underpayment are published. In 2014, the names of 25 employers were released by the Department for Business, Innovation and Skills. In 2017, the names of 852 employers were released by the Department for Business, Energy and Industrial Strategy. Case law Revenue and Customs Commissioners v Annabel 's ( Berkeley Square ) Ltd ( 2009 ) EWCA Civ 361, ( 2009 ) ICR 1123 Spackman v LMU ( 2007 ) IRLR 741, entitlement to payment of wages Statistics Comparisons of the changes in the National Minimum Wage to average earnings and inflation. The minimum wage has grown well ahead of both. The Office for National Statistics produces information about the lower end of the earnings distribution and estimates for the number of jobs paid below the national minimum wage. The figures are based on data from the Annual Survey of Hours and Earnings. Perspectives The policy was opposed by the Conservative party at the time of implementation, who argued that it would create extra costs for businesses and would cause unemployment. In 1996, The Conservative party 's future leader, David Cameron, standing as a prospective member of parliament for Stafford, had said that the minimum wage `` would send unemployment straight back up ''. However, in 2005 Cameron stated that `` I think the minimum wage has been a success, yes. It turned out much better than many people expected, including the CBI. '' It is now Conservative Party policy to support the minimum wage. The former Mayor of London Boris Johnson, a Conservative, has supported the London living wage since coming to office, ensuring that all City Hall employees and subcontracted workers earn at least £ 7.60 an hour and promoting the wage to employers across the city. In May 2009 his Greater London Authority Economics unit raised the London Living Wage for City Hall employees to its current rate of £ 7.60, £ 1.80 more than the then minimum wage of £ 5.80. To put the pay in an annual perspective, an adult over the age of 21 working at the minimum wage for 7.5 hours a day, 5 days a week, will make £ 1,088.75 / month and £ 13,065 / year Gross Income. After pay - as - you - earn tax ( PAYE ) this becomes £ 997.62 / month or £ 11,971.40 / year ( 2015 / 2016 ). ) Full - time workers are also entitled to a minimum of 5.6 weeks paid holiday per year from 1 April 2009, with pro-rata equivalent for part - time workers. This includes public holidays. The Trades Union Congress ( TUC ) has argued for the introduction of `` industrial pay bodies '', though critics question the practicality and efficacy of such a measure. Similar arguments have been made for regional rates, so that the minimum wage is different in different parts of the UK. Current and past rates Source unless otherwise specified : Low Pay Commission From Age 25 + Age 21 - 24 Age 18 - 20 Age 16 - 17 Apprentice 1 April 2018 £ 7.83 £ 7.38 £ 5.90 £ 4.20 £ 3.70 1 April 2017 £ 7.50 £ 7.05 £ 5.60 £ 4.05 £ 3.50 1 October 2016 £ 7.20 £ 6.95 £ 5.55 £ 4.00 £ 3.40 1 April 2016 £ 7.20 £ 6.70 £ 5.30 £ 3.87 £ 3.30 From Age 21 + Age 18 - 20 Age 16 - 17 Apprentice 1 October 2015 £ 6.70 £ 5.30 £ 3.87 £ 3.30 1 October 2014 £ 6.50 £ 5.13 £ 3.79 £ 2.73 1 October 2013 £ 6.31 £ 5.03 £ 3.72 £ 2.68 1 October 2012 £ 6.19 £ 4.98 £ 3.68 £ 2.65 1 October 2011 £ 6.08 £ 4.98 £ 3.68 £ 2.60 1 October 2010 £ 5.93 £ 4.92 £ 3.64 £ 2.50 From Age 22 + Age 18 - 21 Age 16 - 17 1 October 2009 £ 5.80 £ 4.83 £ 3.57 -- 1 October 2008 £ 5.73 £ 4.70 £ 3.53 -- 1 October 2007 £ 5.52 £ 4.60 £ 3.53 -- 1 October 2006 £ 5.35 £ 4.45 £ 3.40 -- 1 October 2005 £ 5.05 £ 4.25 £ 3.00 -- 1 October 2004 £ 4.85 £ 4.10 £ 3.00 -- 1 October 2003 £ 4.50 £ 3.80 £ 3.00 -- 1 October 2002 £ 4.20 £ 3.50 -- -- 1 October 2001 £ 4.10 £ 3.50 -- -- 1 October 2000 £ 3.70 £ 3.20 -- -- 1 April 1999 £ 3.60 £ 3.00 -- -- See also History of the minimum wage Minimum wage List of minimum wages by country UK labour law Ex parte H.V. McKay ( 1907 ) 2 CAR 1, Australian labour law case on the living wage S Webb and B Webb, Industrial Democracy ( 1898 ) Liberal welfare reforms Trade Boards Act 1909 Trade Boards Act 1918 Wages Councils Act 1945 Tax Credits and Child tax credit, Working tax credit Wage regulation Fair Labor Standards Act of 1938, which introduced the minimum wage in the US Incomes policy Notes ^ Jump up to : http://www.politics.co.uk/reference/national-minimum-wage Jump up ^ Cite error : The named reference nat - min - rate was invoked but never defined ( see the help page ). Jump up ^ Larry Elliott ( 30 March 2016 ). `` Third of British workers may benefit from new legal pay level ''. The Guardian. Jump up ^ Margaret Thatcher ( 10 October 1986 ). `` Speech to Conservative Party Conference ''. Margaret Thatcher Foundation. Retrieved 30 March 2016. Jump up ^ `` National Minimum Wage Bill -- 16 December 1997 ''. The Public Whip. Retrieved 3 January 2013. Jump up ^ https://www.gov.uk/government/organisations/low-pay-commission Jump up ^ Lisa Patmore ; Tom Heys ( 22 July 2015 ). `` Seven things you need to know about George Osborne 's ' National Living Wage ' ''. Lewis Silkin. Retrieved 30 March 2016. Jump up ^ National Minimum Wage Regulations 1999 www.opsi.gov.uk Jump up ^ `` Government names employers who fail to pay minimum wage ''. gov.uk. 8 June 2014. Retrieved 8 June 2014. Jump up ^ `` Government ' names and shames ' minimum wage underpayers ''. BBC. 8 June 2014. Retrieved 8 June 2014. Jump up ^ `` Record number of employers named and shamed for underpaying ''. gov.uk. 15 February 2017. Retrieved 18 March 2018. Jump up ^ `` Record £ 2 million back pay identified for 13,000 of the UK 's lowest paid workers ''. gov.uk. 16 August 2017. Retrieved 18 March 2018. Jump up ^ `` £ 1.7 m back pay identified for a record 16,000 workers as 260 employers are named and shamed for underpaying minimum wage rates ''. gov.uk. 8 December 2017. Retrieved 18 March 2018. Jump up ^ `` Low Pay Estimates ''. Office for National Statistics. Retrieved 29 December 2007. Jump up ^ The Chronicle ( Stafford ), 21 February 1996 Jump up ^ Rawnsley, Andrew ( 18 December 2005 ). `` I 'm not a deeply ideological person. I 'm a practical one ''. The Guardian. London. Retrieved 19 May 2010. Jump up ^ `` The Conservative Party News Speeches George Osborne : On Fairness ''. Conservatives.com. Retrieved 21 September 2011. Jump up ^ Greg Dickson ( 19 December 2011 ). `` A Fairer London : The 2009 Living Wage in London ''. Hamilton Bradbury. Retrieved 15 April 2016. Jump up ^ `` HM Revenue & Customs : Income Tax allowances ''. Hmrc.gov.uk. Retrieved 21 September 2011. Jump up ^ `` HM Revenue & Customs : National Insurance Contributions ''. Hmrc.gov.uk. 28 June 2011. Retrieved 21 September 2011. Jump up ^ `` UK salary calculator. Updated for 2014 / 15 ''. Archived from the original on 14 July 2014. Jump up ^ `` Holiday entitlements : introduction : Directgov - Employment ''. Retrieved 8 August 2008. Jump up ^ Low Pay Commission. Home page. Retrieved on 1 October 2014. Jump up ^ `` National Minimum Wage and National Living Wage rates - GOV.UK ''. www.gov.uk. Retrieved 2018 - 02 - 14. Jump up ^ `` National Minimum Wage and National Living Wage rates - GOV.UK ''. www.gov.uk. Retrieved 2017 - 02 - 15. Jump up ^ BBC News http://www.bbc.co.uk/news/uk-politics-33437115 References B Simpson, ' A Milestone in the Legal Regulation of Pay ' ( 1999 ) 28 ILJ 1, 17 - 18 B Simpson, ' The National Minimum Wage Five Years On ' ( 2004 ) 33 ILJ 22 External links Her Majesty 's Revenue and Customs : National Minimum Wage National Minimum Wage -- Low Pay Commission Report Autumn 2016 National Minimum Wage and Small Business United Kingdom legislation Pre-Parliamentary legislation List of English statutes Charter of Liberties Magna Carta Acts of Parliament by states preceding the Kingdom of Great Britain Parliament of England to 1483 1485 -- 1601 1603 -- 1641 Interregnum ( 1642 -- 1660 ) 1660 -- 1699 1700 -- 1706 Parliament of Scotland to 1706 Acts of Parliament of the Kingdom of Great Britain 1707 -- 1719 1720 -- 1739 1740 -- 1759 1760 -- 1779 1780 -- 1800 Acts of the Parliament of Ireland to 1700 1701 -- 1800 Acts of Parliament of the United Kingdom of Great Britain and Ireland and the United Kingdom of Great Britain and Northern Ireland 1801 -- 1819 1820 -- 1839 1840 -- 1859 1860 -- 1879 1880 -- 1899 1900 -- 1919 1920 -- 1939 1940 -- 1959 1960 -- 1979 1980 -- 1999 2000 to date Halsbury 's Statutes Legislation.gov.uk Short titles relating to the European Union 1972 to date Church of England measures List Church of England Assembly ( Powers ) Act 1919 Legislation of devolved institutions Acts of the Scottish Parliament List Acts and Measures of the National Assembly for Wales List Acts of the Northern Ireland Assembly Acts of the Parliament of Northern Ireland Orders - in - Council / Orders in Council Orders - in - Council for Northern Ireland ( 1972 - 2009 ) Orders in Council for Northern Ireland Secondary legislation United Kingdom Statutory Instruments various Scottish Statutory Instruments Acts of Sederunt Acts of Adjournal all others Economy of the United Kingdom Companies Co-operatives Employee - owned companies FTSE 100 Index FTSE 250 Index FTSE Fledgling Index FTSE SmallCap Index Government - owned companies Currency, governance, regulation Bank of England Governor of the Bank of England Budget Company law Competition and Markets Authority Department for Business, Energy and Industrial Strategy Financial Conduct Authority Gilts HM Revenue and Customs HM Treasury Chancellor of the Exchequer Debt Management Office Monetary Policy Committee Office for Budget Responsibility Pound sterling Banknotes Coinage Taxation UK Statistics Authority UK Trade & Investment History Chronological 1659 -- 1849 Navigation Acts Agricultural Revolution Industrial Revolution Financial Revolution Panic of 1796 -- 97 1815 -- 46 Corn Laws New Imperialism 1830s -- 1945 Second Industrial Revolution 1860s -- 1914 1873 -- 79 Long Depression 1926 general strike 1929 -- 39 Great Depression 1948 -- 52 Marshall Plan 1974 Three - Day Week 1979 Winter of Discontent 1986 Big Bang 1992 Black Wednesday Late - 2000s recession 2008 bank rescue package 2009 bank rescue package Recurrent Economic geography Free trade Gold standard Recessions and recoveries National champions policy Economic liberalism Privatisation Nationalisation Nations, regions, cities England Atlantic Gateway Birmingham Big City Plan Bristol Cornwall Croydon Croydon Vision 2020 Devon Expansion plans for Milton Keynes Fishing Leeds List of counties by GVA Liverpool London East London Tech City London Plan M4 corridor M11 Corridor Manchester Reading Sheffield Silicon Fen Thames Gateway Tourism Transport N. 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Question: when was national minimum wage introduced in uk
Answer: 1 April 1999