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Chapter NMWM06040

Document Cited authorities 4 Cited in Related
Vincent
Published date16 April 2016
Record NumberNMWM06040
CourtHM Revenue & Customs

Relevant legislation
Members of UK armed forces
Cadet force adult volunteers
Civilian workers at military bases
Members of other countries armed forces

Relevant legislation

The legislation that applies to this page is as follows:

  • National Minimum Wage Act 1998, section 37(1) & (2), section 37A
Members of UK armed forces

Members of the armed forces, including reservists when they are serving, are not entitled to the national minimum wage. This does not apply to civilians in an association of reservists or people working for the Ministry of Defence (NMWM06090) who may be workers (NMWM05020) for national minimum wage purposes.

Cadet force adult volunteers

A Cadet Force Adult Volunteer is the term used to refer to any adult who volunteers to assist in the delivery of the Ministry of Defence (NMWM06090) MOD-sponsored cadet force programme. They may be members of the armed forces (primarily the reserve forces) or may be a uniformed or non-uniformed civilian.

The Cadet Forces do not form part of the Armed Forces or the Reserve Forces. They are:

  • The Combined Cadet Force;
  • The Sea Cadet Corps;
  • The Army Cadet Force;
  • The Air Training Corps

From 13 November 2008, a person who performs work as a Cadet Force Adult Volunteer does not qualify for the national minimum wage under section 37A of the National Minimum Wage Act 1998. However, the exemption does not apply where an individual is performing work for the Cadet Forces in the course of Crown Employment (such as employment by a Reserve Forces and Cadet Association set up under the Reserve Forces Act 1996). Nor does it affect any entitlement Cadet Force Adult Volunteers may have to the national minimum wage for work performed outside of their volunteer activities as Cadet Force Adult Volunteers.

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