Minimum Wage and Beaters Pay

November 2009

Ever since the passing by Parliament of the National Minimum Wage Act 1998, the National Gamekeepers' Organisation has had enquiries from members uncertain whether or not beaters have to be paid the minimum wage on their shoots.

This information sheet aims to interpret the law as far as is possible, although the legislation has yet to be tested by the courts specifically in relation to beaters pay. The advice given below has been produced in consultation with the Inland Revenue National Minimum Wage Helpline. However, the NGO can accept no liability arising from this advice or its implementation. If in doubt employers should contact their legal advisers and/or the National Minimum Wage Helpline (0845 600 0678) or log on to www.hmrc.gov.uk/nmw/.

The Minimum Wage

The National Minimum Wage Act, which became law in April 1999, requires most adult workers in the UK to be paid at least the national minimum wage (NMW). The NMW is currently (Nov 2009) £5.80 an hour for those aged 22 and over, and £4.83 an hour for 18 -21 year olds and £3.57 per hour for all workers under the age of 18, who are no longer of compulsory school age.

Beaters Pay

There are very few exceptions to the above general rule but no specific legal guidelines on whether or not beaters pay is subject to NMW rates.

The NMW Helpline advises that beaters pay may only be exempt from the NMW when:

(a)  the nature of the employment is voluntary and very casual, with no obligation on the part of the beaters to turn up and

(b) the amount they are paid is no more than would reasonably cover their costs in attending

      (eg petrol and a packed lunch).

The NMW does apply to beaters pay when the nature of the employment becomes in any way more formal than this. For example the minimum wage does apply in cases where:

(a)  there is an obligation on the part of the beater to attend, or

(b) there are different rates paid for different jobs on the shoot (eg beaters and flankers), suggesting that the payment is a wage for a service rendered rather than a token gesture, or

(c)  there is any form of regular contract, written or spoken.  

The NGO has further been advised that in the context of the NMW, gifts such as a free lunch or a brace of birds cannot be considered as part of the payment made in return for a day's beating.

An agricultural worker who carries out beating as part of his employment will be subject to the Agricultural Wages Order in force at the time.

The legal responsibility for paying the NMW whenever workers are eligible for it rests with the employer, so shoots need to be sure of their ground. The fines for failure to comply are severe.