Minimum wage for different types of work

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Paid in other ways (unmeasured work)

If the work is not covered by any of the other types of work, it’s ‘unmeasured work’.

Unmeasured work includes being paid a set amount to do a particular task, for instance being paid £500 to lay a patio, regardless of how long it takes.

To work out the minimum wage for unmeasured work, either:

  • record every hour worked and use the National Minimum Wage calculator to make sure the worker gets the minimum wage
  • make a ‘daily average agreement of hours’

Daily average agreement of hours

This is when the employer and worker agree a typical number of hours per day they expect to work on average. One agreement can cover several pay reference periods (for example, weeks if the worker’s paid weekly) if there’s no change in the average number of hours.

Daily average agreements of hours must:

  • be agreed in writing
  • be made before the start of the pay reference period they cover
  • say how many hours the work should take each day (on average)

The employer must be able to prove that the number of hours worked on average is realistic.

Example

Louise is paid weekly and is 31. She’s eligible for the National Living Wage rate of £11.44 an hour.

In a particular week she’s paid £170.

Her agreed daily average number of hours is 5.

In that week she worked for 4 days, so she’s counted as having worked 20 hours that week (4 times 5).

£170 divided by 20 hours gives a rate of £8.50 an hour. That’s less than the National Living Wage.

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Part of Employ someone: step by step

  1. Step 1 Check your business is ready to employ staff

    1. Prepare your business to take on employees

  2. Step 2 Recruit someone

    You need to advertise the role and interview candidates. You can use a recruitment agency to do this or do it yourself.

    1. Find out about recruiting someone yourself on Acas
    2. Find out about using a recruitment agency

    As an employer you must make sure you recruit employees fairly.

    1. Avoid discrimination during recruitment
    2. Make your application process accessible for employees with disabilities or health conditions

  3. and Check they have the right to work in the UK

    1. Find out how to check an applicant's right to work

  4. and Find out if they need a DBS check

    You may need to check someone's criminal record, for example, if they'll be working in healthcare or with children.

    1. Find out if you need a DBS check
    2. How to do a DBS check

  5. Step 3 Check if they need to be put into a workplace pension

    Check if you need to put your employee into a workplace pension scheme:

  6. Step 4 Agree a contract and salary

    When someone accepts a job offer they have a contract with you as their employer.

    1. Check what the National Minimum Wage is for different ages
    2. Check what the National Minimum Wage is for different types of work
    3. Check what to include in a contract
    4. Agree a written statement of employment particulars

  7. Step 5 Tell HMRC about your new employee

    You must tell HMRC about your new employee on or before their first pay day.

    1. Tell HMRC about a new employee
    2. Get their personal details and P45 to work out their tax code
    3. If you don’t have their P45, use HMRC’s ‘starter checklist’
    4. Check what to do when you start paying your employee