LRD guides and handbook May 2019

Law at Work 2019 - the trade union guide to employment law

Chapter 4

Excluded workers 





[ch 4: pages 95-96]

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 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.