Excluded workers

Some individuals are excluded from the right to the NMW. They include:

• the genuinely self-employed (that is, anyone, in business on their own account, selling goods and services to their own clients and customers on an arms-length basis (see Chapter 2));

• share fishermen;

• genuine volunteers (see Chapter 2), and voluntary workers with a contract to work for expenses only for a voluntary organisation;

• family members and au pairs who are genuinely treated as one of the family;

• company directors;

• prisoners;

• higher and further education students on a work placement or “sandwich” course lasting less than a year;

• workers on a government employment programme;

• workers on a Job Centre Plus work trial for up to six months (aimed at unskilled young workers aged 16 – 24);

• workers on government pre-apprenticeship training courses;

• members of the armed forces; and

• school children aged under 16.