Question to the Department for Business, Energy and Industrial Strategy:

To ask the Secretary of State for Business, Energy and Industrial Strategy, what amendments have been made to the guidance relating to section 44 of the National Minimum Wage Act 1998 since its enactment.

Section 44 of the National Minimum Wage Act 1998 sets out a specific exemption that applies to voluntary workers. People volunteering for charities, voluntary organisations and other relevant organisations contribute a huge value to society, and they do so without an expectation of being paid the National Minimum Wage.

Guidance is available on gov.uk to support charitable and other relevant organisations in determining when voluntary workers are covered by the exemption. This is contained in ‘Calculating the Minimum Wage’, which was first published in April 2013 and can be found here: https://www.gov.uk/government/publications/calculating-the-minimum-wage

This guidance on when voluntary workers are exempt from the National Minimum Wage has not been the subject of a formal consultation and there are no immediate plans to amend it. If the Department receives representations that show there is a need for improved guidance we would consider these carefully.