The minimum wage is a legal floor on pay in the UK. Employers cannot lawfully pay eligible workers below it, and the consequences of underpayment are serious. A common question is whether interns, students or others are exempt. Here is a plain-English guide for England and Wales.
The National Minimum Wage and National Living Wage
There are two related statutory rates under the National Minimum Wage Act 1998:
- the National Living Wage (NLW), the highest rate, for workers aged 21 and over; and
- the National Minimum Wage (NMW), lower rates for younger workers (under 21) and apprentices.
The rates change every April, so always check the current figure for the worker's age band (and the separate apprentice rate). Because the rates are reviewed annually, do not rely on an old figure, confirm the rate applicable at the time.
Who is entitled?
Almost all workers are entitled to the minimum wage, including part-time, casual, agency and most "zero-hours" workers, and many "interns" (see below). Entitlement does not depend on the job title.
Who is NOT entitled (the genuine exemptions)
The minimum wage does not apply to certain people, including:
- the genuinely self-employed (running their own business);
- volunteers and voluntary workers for charities/voluntary organisations (with only limited expenses);
- company directors without an employment contract;
- family members working in a family business and living in the family home;
- students on a work placement of up to one year that is a required part of a UK further/higher education course; and
- school-age children (below compulsory school leaving age).
The intern trap
Calling someone an "intern" does not by itself avoid the minimum wage. If, in reality, the intern is a worker (doing real work, with set hours and responsibilities) they are usually entitled to the minimum wage. Only genuine work-shadowing, volunteering for a charity, or a course-required placement typically escapes it. Unpaid "internships" that are really jobs are a frequent source of HMRC enforcement.
Employer obligations and the risks
- Pay at least the correct age-banded rate for all hours worked (including some travel and training time).
- Keep records to show compliance.
- Underpayment can lead to HMRC enforcement, orders to pay arrears, financial penalties, and public naming of offending employers. There is no opt-out, a worker cannot validly "agree" to be paid less than the minimum wage.
Key takeaways
- The UK has the National Living Wage (21+) and lower National Minimum Wage rates (under 21 / apprentices), set under the National Minimum Wage Act 1998 and updated every April, check the current rate.
- Most workers, including many interns, are entitled; entitlement doesn't depend on the job title.
- Genuine exemptions include the self-employed, volunteers, directors without contracts, certain family workers, and course-required placements (up to a year).
- You cannot contract out, underpayment risks arrears, penalties and naming.
Sources
- National Minimum Wage Act 1998 and regulations (National Living Wage and National Minimum Wage; age bands; apprentice rate; reviewed each April)
- Exemptions (volunteers; self-employed; directors without contracts; family workers; required course placements)
- HMRC enforcement of the minimum wage (arrears, penalties, naming scheme)
--- This article is general information about the law of England & Wales as at 2026, not legal advice. For advice on your circumstances, consult a qualified solicitor or HR professional.