Paid below minimum wage? You can claim back the pay you are owed.

Paid below the National Minimum Wage? How to report your employer to HM Revenue and Customs, claim the arrears at tribunal, and the time limits that apply.

Can I report my employer for not paying me minimum wage?

Yes. You can complain to HM Revenue and Customs (HMRC), which enforces the minimum wage and can investigate your employer. You can report anonymously, and HMRC can issue a Notice of Underpayment requiring your employer to repay what you are owed. You can also raise a grievance or bring your own employment tribunal claim.

What is the time limit for a National Minimum Wage claim?

For an employment tribunal claim, you have 3 months from the last underpayment, or 6 months if it was on or after 1 October 2026, and you must contact the Advisory, Conciliation and Arbitration Service (ACAS) for Early Conciliation first. A county court claim for unpaid wages can be brought within 6 years, and HMRC can look back up to 6 years.

What happens if an employer doesn't pay minimum wage?

They can be made to pay the arrears and a financial penalty, and they can be publicly named by the government. HMRC can issue a Notice of Underpayment, and refusing or wilfully neglecting to pay the minimum wage is also a criminal offence.

Can my employer sack me for complaining about minimum wage?

No. Asserting your right to the NMW is a protected act. Dismissal or detriment for raising a NMW complaint is automatically unfair, with no qualifying period.

What if I’m on a salary — does NMW still apply?

Yes. Divide your total pay in the pay reference period by the hours worked. If the result is below the statutory minimum for your age, you’ve been underpaid. Salary structures don’t override the legal floor.

Do tips count towards minimum wage?

No. Since 1 October 2009, tips can’t be used to make up the NMW. Your base pay must hit the statutory minimum independently.

Can I claim for past underpayment if I’ve left the job?

Yes. Claim via the Employment Tribunal within 3 months of the last underpayment, or 6 months if it was on or after 1 October 2026 (after ACAS conciliation), up to 6 years via the county court, and you can ask HMRC to investigate regardless of when you left.

What is the NMW penalty?

If HMRC finds underpayment, they issue a Notice of Underpayment requiring repayment plus a penalty of up to 200% of unpaid wages (minimum £100, maximum £20,000 per worker). The penalty is paid to the government, not to you. A tribunal awards the arrears, not the 200% penalty.

Current rates (April 2026 onwards)

These rates apply to employees, workers, and most agency workers. Self-employed people are not covered.

Common ways employers underpay — often without admitting it

Tips and service charges counted as wages

Since October 2009, employers cannot use tips or service charges to make up the National Minimum Wage. Every tip must be on top of the statutory rate.

Deductions that take pay below the minimum

Deductions for uniforms, tools, accommodation (above the statutory offset), or cash shortfalls can push effective hourly pay below the legal minimum.

Travel between sites, mandatory training, time spent waiting on premises, or time "on call" on-site all count as working time and must be paid.

Sleep-in shifts at care homes

In 2021 the Supreme Court ruled that time asleep on a sleep-in shift generally does not count for the minimum wage (Royal Mencap Society v Tomlinson-Blake). Time you are awake for the purpose of working does count and must be paid at least the minimum.

Salary sacrifice schemes

If a salary sacrifice arrangement takes your effective pay below the statutory minimum, the employer must top it up.

Misclassifying workers as self-employed

If you are effectively a worker (personal service, employer control, no substitution), minimum wage applies regardless of the contract label.

Think you've been underpaid?

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How to claim unpaid minimum wage

Calculate the shortfall

Work out how many hours you worked, what you were paid, and what you should have received at the applicable rate. The shortfall is what you are owed.

Raise a grievance with your employer

Put the underpayment in writing. Your employer has a legal obligation to pay the correct rate. A written grievance creates a paper trail and may resolve the issue without a tribunal.

HMRC enforces the NMW and can investigate your employer, issue a Notice of Underpayment, and force repayment. You can report anonymously. HMRC can look back up to 6 years.

Claim via the Employment Tribunal

You can also claim the shortfall as an unlawful wage deduction in the Employment Tribunal. You have 3 months (6 months for dismissals and acts on or after 1 October 2026) from the last underpayment (after Acas Early Conciliation). The tribunal awards the shortfall. The 200% penalty is separate: it is charged to the employer by the government and paid to the government, not to you.

To bring an Employment Tribunal claim (from the last underpayment, extended by Acas Early Conciliation period; 6 months if the last underpayment is on or after 1 October 2026)

HMRC can investigate historic underpayments going back 6 years

County court claim for unpaid wages (breach of contract)

Frequently asked questions

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