Minimum wage vs Low salary?

Bucklandbrass

My question is simply this:

Are employers within their rights to offer a salary based position with such long hours, that when you work out the hourly pay it brings it to well below the national minimum wage?

Can they get away with this, simply because it is a 'salary' and not paid hourly?

PasturesNew

Short answer: No, absolutely not.

It HAS to meet NMW. However, there are a few industries, job, or ways of working which means this short answer is not relevant.

TBagpuss

No. See https://www.gov.uk/minimum-wage-different-types-work

dawyldthing

Many try it on by saying say £18000 salary working 37 hours but you have to do on call, but in theory you should either be paid the overtime or be due back the rest

macalacka

Each pay period must have all hours worked paid at least at NMW.

Use an estate agent as an example....
You can have a salary at lower than NMW plus commission but where the employee doesn't reach their commission then all hours worked must be paid at NMW which would then be higher than the stated salary. The comtract should state this will be what happened....that all hours worked will be guaranteed paid at NMW.