National Minimum Wage Act 1998

Cited authorities 77

Cited in

Amendments 360

Jurisdiction	UK Non-devolved
Citation	1998 c. 39

Contenidos

National Minimum Wage Act 1998
Entitlement to the national minimum wage

1: Workers to be paid at least the national minimum wage.

Regulations relating to the national minimum wage

2: Determination of hourly rate of remuneration.

3: Exclusion of, and modifications for, certain classes of person.

4: Power to add to the persons to whom section 3 applies.

The Low Pay Commission

5: The first regulations: referral to the Low Pay Commission.

6: Referral of matters to the Low Pay Commission at any time.

7: Referrals to, and reports of, the Low Pay Commission: supplementary.

8: The Low Pay Commission.

Records

9: Duty of employers to keep records.: For the purposes of this Act, the Secretary of State may by regulations make provision requiring employers—

10: Worker’s right of access to records.

11: Failure of employer to allow access to records.

11A: Extension of time limit to facilitate conciliation before institution of proceedings

12: Employer to provide worker with national minimum wage statement.

Officers

13: Appointment of officers.

14: Powers of officers.

Information

15: Information obtained by officers.

16: Information obtained by agricultural wages officers.

16A: Disclosure of information by officers

Enforcement

17: Non-compliance: worker entitled to additional remuneration.

18: Enforcement in the case of special classes of worker.

19: Notices of underpayment: arrears

19A: Notices of underpayment: financial penalty

19B: Suspension of financial penalty

19C: Notices of underpayment: appeals

19D: Non-compliance with notice of underpayment: recovery of arrears

19E: Non-compliance with notice of underpayment: recovery of penalty: A financial penalty payable under a notice of underpayment—

19F: Withdrawal of notice of underpayment

19G: Replacement notice of underpayment

19H: Effect of replacement notice of underpayment

20: Non-compliance: power of officer to sue on behalf of worker.
21: Financial penalty for non-compliance.
22: Appeals against penalty notices.
22A: Withdrawal of enforcement notice
22B: Replacement of enforcement notice
22C: Effect of replacement on penalties where section 22A(3) not applied
22D: Effect of replacement on appeals and civil proceedings where section 22A(3) not applied
22E: Withdrawal of penalty notice
22F: Replacement of penalty notice with notice imposing lower penalty

Rights not to suffer unfair dismissal or other detriment

23: The right not to suffer detriment.

24: Enforcement of the right.

25: Right of employee not to be unfairly dismissed: Great Britain.

26: Right of employee not to be unfairly dismissed: Northern Ireland.

Civil procedure, evidence and appeals

27: Tribunal hearings etc by chairman alone.

28: Reversal of burden of proof.

29: Appeals to the Employment Appeal Tribunal.

Conciliation

30: Conciliation.

Offences

31: Offences.

32: Offences by bodies corporate etc.

33: Proceedings for offences.

Special classes of person

34: Agency workers who are not otherwise “workers”.

35: Home workers who are not otherwise “workers”.

36: Crown employment.

37: Armed forces.

37A: Cadet Force Adult Volunteers

38: House of Lords staff.

39: House of Commons staff.

40: Mariners.: For the purposes of this Act, an individual employed to work on board a ship registered in the United Kingdom under Part II of the Merchant Shipping Act 1995 shall be treated as an individual who under his contract ordinarily works in the United Kingdom unless—

Extensions

41: Power to apply Act to individuals who are not otherwise “workers”.: The Secretary of State may by regulations make provision for this Act to apply, with or without modifications, as if—

42: Power to apply Act to offshore employment.

Exclusions

43: Share fishermen.: A person—

44: Voluntary workers.

44A: Religious and other communities: resident workers.

45: Prisoners.

45A: Persons discharging fines by unpaid work
45B: Immigration: detained persons

Agricultural workers

46: Relationship of this Act and agricultural wages legislation.

47: Amendments relating to remuneration etc of agricultural workers.

Miscellaneous

48: Application of Act to superior employers.: Where—

49: Restrictions on contracting out.

50: Publicity.

Supplementary

51: Regulations and orders.

52: Expenses.: There shall be paid out of money provided by Parliament—

53: Repeals and revocations.
54: Meaning of “worker”, “employee” etc.

55: Interpretation.

56: Short title, commencement and extent.

SCHEDULES

SCHEDULE 1 Section 8.
The Low Pay Commission

Membership
Financial provisions
Staff, facilities and money
Proceedings
Disqualification for House of Commons and Northern Ireland Assembly

SCHEDULE 2 Section 47.
Amendments relating to remuneration etc of agricultural workers

Part I: The Agricultural Wages Act 1948
Part II: The Agricultural Wages (Scotland) Act 1949
Part III: The Agricultural Wages (Regulation) (Northern Ireland) Order 1977

SCHEDULE 3 Section 53.
Repeals and revocations

National Minimum Wage Act 1998

1998 c. 39

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.

[31st July 1998]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and...

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