LRD guides and handbook September 2020

Defending terms and conditions - a legal guide for union reps

Chapter 2

National Minimum Wage rights

[ch 2: page 23]

Workers must be paid at least the National Minimum Wage (NMW) for all the hours spent:

• working

• training during working hours; or

• required by their employer to be at or near their workplace (apart from their own home) for the purpose of working.

This final category includes, for example, time spent by workers waiting on “standby” or “on call” at or near the premises in case they are needed, time spent being searched before being allowed to leave the premises, or time workers are required by their employer to spend at the start of the working day preparing to deal with the first customer.

Any attempt to contract out of the NMW has no legal effect.