New guidance just issued (sept 08) be BERR. See http://www.berr.gov.uk/files/file47736.pdf.
The crucial bit hasn't changed (see p21/116) as follows:-
Company directors
The national minimum wage does not apply to company directors unless they have contracts that make them workers. Company directors are office holders in common law and can do work and be paid for it in that capacity. This is true no matter what sort of work is done or how it is rewarded.
However, company directors who also have employment contracts will need to be paid the national minimum wage for work done under that contract. If a company director is unsure whether he has entered into an employment contract with his company he may wish to take independent legal advice.
The crucial bit hasn't changed (see p21/116) as follows:-
Company directors
The national minimum wage does not apply to company directors unless they have contracts that make them workers. Company directors are office holders in common law and can do work and be paid for it in that capacity. This is true no matter what sort of work is done or how it is rewarded.
However, company directors who also have employment contracts will need to be paid the national minimum wage for work done under that contract. If a company director is unsure whether he has entered into an employment contract with his company he may wish to take independent legal advice.
