SiteKiln gives you plain-English information, not legal advice. If you need advice specific to your situation, talk to a qualified solicitor or employment adviser.
1. The short version
From 1 April 2026, the legal minimum hourly rates in the UK are:
| Category | Hourly minimum from Apr 2026 |
|---|---|
| 21 and over | £12.71 |
| 18 to 20 | £10.85 |
| Under 18 | £8.00 |
| Apprentice rate | £8.00 |
The apprentice rate only applies if:
- You're under 19, or
- You're 19 or over and in the first year of your apprenticeship.
From the start of year 2, any apprentice aged 19+ must be paid at least the normal minimum wage for their age, not the lower apprentice rate.
2. If you're the apprentice -- your rights
You're legally entitled to at least the National Minimum Wage / National Living Wage for every hour you work and train.
That means:
- You must be paid for all training time -- at college, on day-release, or doing online learning, even if it's outside normal site hours.
- You only get the lower apprentice rate once your apprenticeship has actually started -- i.e. you've got a proper apprenticeship agreement and training programme in place. Time "labouring" before that should be paid at the age-related rate, not the apprentice rate.
- Once you finish the apprenticeship, the apprentice rate stops -- if they keep you on, it's the age-related minimum wage at least.
If your payslips don't match the table above for your age and year, there's a problem.
If you think you're underpaid, you can
- Raise it quietly with the boss/payroll first (sometimes it's just ignorance).
- If that goes nowhere, speak to ACAS (0300 123 1100) or report it to HMRC using the minimum wage complaint service -- you can do this anonymously.
3. If you're the employer -- what you have to get right
The National Minimum Wage Act doesn't care how tight money is -- if you employ people, you have to hit those rates or you're asking for HMRC trouble.
Key points:
- Check each apprentice's age and year of apprenticeship and set their rate accordingly. From their second year at 19+, bump them to the age rate.
- Only use the apprentice rate once there's a formal apprenticeship agreement and training programme in place. Any "trial period" before that is just normal work and should be paid at the age rate.
- Make sure you're paying for all hours, including college days and mandatory training.
- Keep written records -- contract / apprenticeship agreement, hours, and payslips. HMRC can go back and check.
Common underpayment traps
- Leaving someone on the apprentice rate into year 2 when they're 19+.
- Not paying travel time to college when it's part of the working day.
- Treating "extra training" as unpaid, when in reality it's compulsory.
If HMRC decide you've underpaid, they can make you:
- Pay back the arrears, and
- Pay a penalty on top.
Cheapest option is to get the rates right from day one.
4. What a "real" apprenticeship should look like
A decent construction apprenticeship isn't just "cheap labour in a hoodie". At minimum, there should be:
- A written apprenticeship agreement (often from the college/training provider).
- A proper training plan -- not just "follow Dave and learn".
- Day-release or block-release to college, or structured on-site assessment towards an NVQ.
Red flags that you're not in a proper apprenticeship
- No contract or agreement, just "turn up and see how you get on".
- No college or on-site assessor, no talk of NVQs or standards.
- Paid cash, no payslips, no record of hours.
If you're the boss, this kind of fluff is how you end up overpaying for someone who never qualifies, or underpaying and getting reported. If you're the apprentice, it's how you waste two years and come out with no ticket.
5. Common mistakes
- Keeping someone on the apprentice rate after year 1 when they're 19+ -- this is the single most common NMW breach in construction apprenticeships.
- Not paying for college/training days -- if it's part of the apprenticeship, it's paid working time.
- No formal apprenticeship agreement -- without one, the apprentice rate doesn't even apply; you should be paying the age rate.
- Treating the apprentice as self-employed -- apprentices are employees; CIS/self-employment doesn't work here.
- No payslips or records -- makes it impossible to prove you paid correctly if HMRC come knocking.
6. Who to contact
- ACAS -- employment rights and pay advice: 0300 123 1100 (free)
- HMRC -- National Minimum Wage complaints -- report underpayment (can be anonymous): gov.uk/government/organisations/hm-revenue-customs (free)
- GOV.UK -- National Minimum Wage rates -- current rates: gov.uk/national-minimum-wage-rates (free)
- GOV.UK -- Employing an apprentice -- employer guidance: gov.uk/employing-an-apprentice (free)
- CITB -- apprenticeship frameworks, grants and construction-specific guidance: citb.co.uk (free)
- National Apprenticeship Service -- find apprenticeships and training providers: gov.uk/apply-apprenticeship (free)
7. Sources and legislation
- National Minimum Wage Act 1998 -- framework for minimum pay requirements. legislation.gov.uk/ukpga/1998/39
- National Minimum Wage Regulations 2015 -- detailed rules including apprentice rates and what counts as working time. legislation.gov.uk/uksi/2015/621
- Apprenticeships, Skills, Children and Learning Act 2009 -- apprenticeship agreements framework. legislation.gov.uk/ukpga/2009/22
- GOV.UK -- National Minimum Wage rates from April 2026 -- gov.uk/national-minimum-wage-rates
8. Related guides on this site
- S21 Apprenticeship rights and pay -- what you're entitled to
- 10.2 Getting overseas qualifications recognised in the UK
- 10.3 Moving from labourer to skilled trade -- realistic routes
- 10.4 CITB grants -- money you can claim back
- 8.10 Taking on your first employee -- legal checklist
- 3.1 Employment status in construction -- why it matters
Know someone who needs this?
Was this guide useful?
Didn't find what you were looking for?
Spotted something wrong or out of date? Email us at hello@kilnguides.co.uk.
In crisis? Samaritans 116 123 ·