The National Minimum Wage and National Living Wage explained
A plain-English guide to the National Minimum Wage and National Living Wage: how the age bands work, the April review, employer duties and penalties.
The National Minimum Wage and National Living Wage set the lowest hourly rate you can legally pay most workers in the UK. This guide explains how the two fit together, how the age bands and annual review work, and what employers must do to stay on the right side of the law. We deliberately do not quote current rates here, because they change every April; always check the latest figure on GOV.UK.
Minimum Wage and Living Wage: one system, several rates
Despite the different names, the National Minimum Wage (NMW) and National Living Wage (NLW) are part of one legal framework. The difference is which workers each rate applies to:
- The National Minimum Wage is the minimum hourly rate for younger workers and for apprentices. It is set in age bands, with lower rates for younger workers.
- The National Living Wage is the top band: a higher minimum rate that applies to the oldest group of workers. It is still a legal minimum, just a higher one.
Every worker is entitled to at least the rate for their band. There is no lawful way to pay below it for the hours worked.
How the age bands work
Rather than a single figure, the law sets several rates that step up with age, plus a separate rate for apprentices. The general shape of the system looks like this:
| Band | Who it applies to |
|---|---|
| National Living Wage | The oldest band of workers (the highest minimum rate) |
| Younger adult rate(s) | Workers below the National Living Wage age but over school leaving age |
| Under-18 rate | Workers above school leaving age but under 18 |
| Apprentice rate | Eligible apprentices, typically those under 19 or in the first year |
The exact age boundaries and the pounds-and-pence figures are set by the government and can change, so treat the table above as the structure rather than a source of specific numbers. When a worker moves into an older band, for example by having a birthday, you must move them to the higher rate from the next pay reference period.
Reviewed every April
The rates are reviewed once a year and normally increase every April. The independent Low Pay Commission advises the government, which then sets the new figures. Because of this yearly cycle:
- Diary the April change and update your payroll before the first affected pay run.
- Do not rely on last year’s figures; check the current rate on GOV.UK each year.
- Remember that a worker turning a new age or completing an apprenticeship may need a rate change at any point in the year, not just in April.
The real Living Wage is different
It is easy to confuse the National Living Wage with the real Living Wage, but they are not the same thing:
- The National Living Wage is set by law. It is compulsory, and every employer must pay at least that rate to workers in the top band.
- The real Living Wage is a voluntary rate calculated by the Living Wage Foundation based on the actual cost of living, and it is usually higher. Employers can choose to become accredited Living Wage employers, but there is no legal duty to do so.
In short, the National Living Wage is a legal floor; the real Living Wage is a voluntary commitment some employers make on top.
Employer obligations and record-keeping
If you employ staff, you are responsible for making sure everyone is paid at least the correct rate for their band, for every hour worked. That is more subtle than it sounds, because some things reduce a worker’s effective hourly rate, such as:
- Deductions or payments that are for the employer’s own benefit
- Unpaid time that still counts as working time, for example some travel between assignments
- Salary sacrifice or other arrangements that pull pay below the minimum
You must also keep records that are sufficient to show you have paid at least the minimum wage. These records must be kept for a number of years and can be inspected. In practice, clear payslips and accurate records of hours worked are your main protection if you are ever challenged.
Penalties for underpaying
Paying below the minimum wage is against the law, whether it is deliberate or an honest mistake. Where HMRC finds an underpayment, an employer can face:
- An order to repay the arrears to the worker, often at current rates
- A financial penalty of up to 200% of the amount underpaid, subject to a maximum per worker
- Being publicly named by the government in serious cases, which carries obvious reputational cost
Because many breaches are accidental, caused by things like unpaid overtime, uniform deductions or missing a birthday that moves someone into a higher band, careful payroll is the best defence.
We keep you compliant
Making sure every worker is on the right rate, applying each April’s increase, and keeping records that stand up to scrutiny is exactly the kind of detail a payroll bureau handles day in, day out. We build the correct rates into your pay runs and flag when a worker moves band, so you stay compliant without having to track it yourself. Learn more about our outsourced payroll, or get a quote.