Deductions, hours and complaints

Minimum wage arrears: how back pay is worked out

Enter the amount you were underpaid, the year it happened and your age at the time: the tool gives what is owed if repaid now and from April 2027.

Back pay owed for an underpayment

Owed if repaid now

£89.33

Rate at the time£11.44
Rate today for that band£12.71
Owed if repaid from 1 April 2027£92.84

Underpayment ÷ rate at the time × current rate of the band you were in. Enter the age you were then.

How arrears are worked out →

Underpaid minimum wage is not repaid at face value. The law uses a formula: divide the original shortfall by the rate that applied when you were underpaid, then multiply by the current rate for the same age band. If rates have risen since, you get more than you lost; if they had fallen, you would get the actual shortfall. HMRC's example is a worker aged 45 paid £320 for 35 hours in a pay period in December 2024, when the rate was £11.44. The minimum was £400.40, so the shortfall was £80.40. Worked out in April 2025 at £12.21, the arrears came to £85.81. Repaid now, at the April 2026 rate of £12.71, they are £89.33. If the rate announced for 1 April 2027 is set in regulations, repayment after that date would be £92.84. A rise between the calculation and the payment adds further arrears, so delay never helps the employer.

Minimum wage then and now

Rate in April 2024 to March 2025

£11.44

Band thenNational Living Wage (21 and over)
Rate in April 2026£12.71
Rate from April 2027£13.21
Rise to April 202715.5%
Every rate since 2019 →

Rates and rules read by Radif Partners · Editorial policy · Method

The formula in three steps

The HMRC enforcement guidance sets out the method employers must follow.

  1. Find the shortfall in each pay reference period: what should have been paid at the rate then in force, minus what was paid.
  2. Divide that shortfall by the rate that applied in that period.
  3. Multiply the result by the current rate for the age band that applied to you then.

The "current rate" means the rate for your old band today, not the rate for your present age. A worker who was 16 or 17 at the time is repaid at today's 16 to 17 rate even after turning 19. If rates had fallen, the arrears would be the original shortfall; they can never be less.

HMRC's example, and what it is worth now

Shortfall of £80.40 from a December 2024 pay period at £11.44. Example from HMRC; the 2027 rate is announced, not yet in regulations.
RepaidRate used (aged 45)ArrearsAbove the shortfall
April 2025 (HMRC calculation)£12.21£85.81£5.41
Now, from 1 April 2026£12.71£89.33£8.93
From 1 April 2027, as announced£13.21£92.84£12.44

The longer the money stays unpaid, the larger the uplift: each April rise is passed on to the worker, so the employer gains nothing by waiting.

A younger worker's arrears

Take someone who was 17 in a pay period starting in April 2023, when the 16 to 17 rate was £5.28, and was underpaid £150. Today's 16 to 17 rate is £8.00, so the arrears are £227.27, an uplift of 52% on the original amount. Rates for young workers have risen faster than the adult rate in recent years, so older shortfalls in the younger bands grow the most. The tool under the summary compares the rate of any year since 2019 with today's.

The 2021 change of age bands

On 1 April 2021 the National Living Wage age dropped from 25 to 23, and in April 2024 it dropped again to 21. For arrears from pay periods starting on or after 1 April 2021, HMRC says that a worker who was 23 or over at the time is repaid at the National Living Wage. For earlier periods, workers who were then 23 or 24 are repaid using the National Minimum Wage rate of their band. The history page lists every band and rate since 2019.

Time limits and routes

There are three ways to recover arrears, each with its own clock.

Sources: HMRC and GOV.UK employment tribunals. For unauthorised deductions, the tribunal clock starts from the date you were not paid correctly.
RouteTime limit or timingPoint to know
Complaint to HMRCYou can complain even after leaving the jobHMRC can order arrears for every underpaid worker, plus a penalty; it cannot act if you have started a tribunal claim
Employment tribunalUsually 6 months (problems from 1 October 2026), 3 months beforeAcas early conciliation first; the clock pauses during it and at least one month remains afterwards
Civil courtUp to 6 yearsThe employer must prove it paid the minimum wage

In a tribunal or court the burden of proof is on the employer, which must show from its records that it paid at least the minimum. The page on reporting underpayment walks through each step, and the page on employer penalties explains the penalty HMRC adds on top of the arrears. The GOV.UK page on problems getting the minimum wage sums up the same options.

Common questions

I was 17 when I was underpaid and I am now 19: which rate is used for arrears?

The current rate for the band you were in at the time, so the 16 to 17 rate, now £8.00, not the £10.85 you are entitled to today. The shortfall is divided by the 16 to 17 rate that applied then and multiplied by today's 16 to 17 rate. If that gave less than the actual shortfall, you would receive the shortfall instead.

Why is my back pay higher than the shortfall on my old payslips?

Because the law converts the shortfall into the hours it represents at the old rate, then pays those hours at today's rate. HMRC's £80.40 shortfall from 2024 equals about 7.03 hours at £11.44; at the April 2026 rate those hours are worth £89.33. The uplift stops underpaid wages losing value while the employer holds on to them.

How far back can underpaid minimum wage be claimed?

Through a civil court, a claim can reach back up to 6 years, and employers must keep minimum wage records for 6 years for records created from April 2021. An employment tribunal claim has a much shorter limit, usually 6 months for problems from 1 October 2026 and 3 months before that, after notifying Acas first. A complaint to HMRC is a separate route.

Will arrears paid after April 2027 use the new rate?

Yes, once the new rate is in force. The formula always uses the current rate for your band on the day the arrears are paid. The government announced £13.21 at 21 and over from 1 April 2027 on 28 October 2026; when regulations bring it into force, any arrears still unpaid on that date grow accordingly, even if they were calculated earlier.

Next steps

Where these rules were read

Written by

Independent publisher of free pay checkers for workers in the United Kingdom: minimum wage by age, apprentice rate, deductions and the April 2027 rise

Rates and rules checked on · Editorial policy · Contact

Minimum wage rules 2026, read on GOV.UK, legislation.gov.uk and the Low Pay Commission, last checked on