Paid less than the minimum wage? Your rights and what to do
Check first
Add up all the time you work in one pay period, including unpaid time, training and travel between jobs, and divide the pay that counts by those hours. Take off salary sacrifice and anything you pay for that the job needs, such as a uniform.
Ask your employer in writing
Many underpayments are mistakes, and a clear letter with your figures is often enough. You have the right to see your pay records: ask in writing and your employer must let you see them within 14 days.
You're protected: it's unlawful to dismiss you or treat you badly for asking to be paid the minimum wage, however long you've worked there.
If it isn't put right
- Complain to HMRC. It's free and confidential, and HMRC can make your employer pay arrears at today's rate going back up to 6 years. Call the Acas helpline on 0300 123 1100 or use the online form on GOV.UK.
- Claim in an employment tribunal for an unlawful deduction from wages. Contact Acas for early conciliation first. For underpayments on or after 1 October 2026 the time limit is 6 months from the last one. A tribunal claim can usually go back up to 2 years.
- Claim in the civil courts for breach of contract, which can go back up to 6 years (5 in Scotland).
How arrears are worked out
If the minimum wage has gone up since you were underpaid, the arrears are worked out at today's rate: the amount you were short, divided by the old rate, multiplied by today's rate.
Work it out for your situation
General guidance, not legal, tax or financial advice. If you're unsure about your own situation, Acas gives free, impartial advice on 0300 123 1100.
Sources: GOV.UK: Pay and work rights complaints · Acas: If you're not paid the National Minimum Wage
