Reply To: Retained worker – lower than NMW


Assuming the person satisfied any worker registration/authorisation rules that may have applied to them, it appears they may have resided lawfully for a continuous period of at least 5 years (i.e. were a qualified person for that amount of time) and should have acquired a permanent right to reside.  I.e. worker, retained worker/jobseeker, worker.

If not, the genuine and effective test isn't based solely on hours and earnings so you would need to consider various factors including contract of employment, sickness/holiday leave, how much of the time available to them they spend undertaking activity, the going rate for that type of work and so on etc..