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HMRC internal manual

National Minimum Wage Manual

Types of work: confirming unmeasured work

For a worker to be performing unmeasured work the employer needs to ensure that the work is not salaried hours work (NMWM07020), time work (NMWM07040), or output work (NMWM07060). If the work fits any of these categories then it is not unmeasured work.

There will be no exact relationship between the work being performed, the time spent performing the work and the amount of payment. For example:

  • A worker might be paid £50 for 5 deliveries regardless of whether they take 10 minutes or 10 hours to perform the task.
  • A worker might be paid £150 per week and required to work as many hours as needed to ensure a particular job is done.
  • A worker might be engaged to work providing live-in care to a customer but is expected to do no more than 5 hours work as and when required over a 12 hour period. The worker is paid for 5 hours even if only 2 hours are worked.

The employer may pay the worker for every hour worked or have a “daily average agreement” (NMWM07120) with the worker.