minimum wage
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Daler-Rowney Ltd v The Commissioner of Her Majesty's Revenue & Customs UKEAT/0273/13/LA
Appeal by employer against a notice of underpayment in respect of the National Minimum Wage requiring it to make payments of arrears of wages to 26 students, and a further penalty. It contended that the students fell within an exemption from the NMW, provided for by regulation 12(8) of the NMW Regulations. The NMW Regulations state that 'A worker who is undertaking a higher education course and before the course ends is required, as part of that course to attend a period of work experience not exceeding one year does not qualify for the National Minimum Wage in respect of work done for his employer as part of that course'. A higher education course was so defined as to relate only to courses undertaken within the UK. The EAT ruled that the ET was entitled to hold that this was (indirectly) discriminatory, but justified as a proportionate means of preventing abuse of the NMW system, which was a legitimate aim.
- cases
25/06/2014 20:50
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Esparon v Slavikovska UKEAT/0217/12/DA
Appeal against decision that the claimant was required to carried out duties while working night shifts and was therefore open to claim unpaid wages under the National Minimum Wage Act 1998. Appeal dismissed.
- cases
11/05/2014 21:45
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Working with your eyes closed - Case Round-Up: December 2013
In this month’s round-up, Mark Shulman consultant solicitor with Keystone Law looks at pay entitlements for sleepovers, both under the NMW and contract.
- resources
07/12/2013 12:37
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Whittlestone v BJP Home Support Limited UKEAT/0128/13/BA
Appeal against a finding that the claimant was not entitled to be paid the NMW during sleepover periods or times when she was travelling between clients.
- cases
18/11/2013 09:36
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Al-Malki & Anor v Reyes & Anor UKEAT/0403/12/GE
Appeal against a ruling that the respondents could not rely on diplomatic immunity after claims were made against them by two claimants who were employed as domestic servants. Appeal allowed but permission to appeal to the Court of Appeal was granted.
- cases
25/10/2013 14:04
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Thomas & Ors v Taylors of St James Ltd UKEAT/0117/13/KN
Appeal against the remedy judgment which calculated the claimants’ loss according to the NMW rather than their contractual pay. Appeal dismissed.
- cases
23/08/2013 11:34
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Onu v Akwiwu & Anor UKEAT/0022/12/RN: Akwiwu & Anore v Onu UKEAT/0283/12/RN
Appeal against ruling that the claimant had suffered unfair dismissal, direct discrimination and harassment and had suffered unlawful deductions as a result of not being paid the NMW. Cross-appeal against the dismissal of the claimant’s alternative case that if not direct, the discrimination had been indirect, and against the rejection of her claim of victimisation. Appeal and cross-appeal allowed in part.
- cases
03/05/2013 15:15
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C & D DH Ltd T/A Elite Homecarers v Commissioner for Revenue & Customs UKEATS/0039/12/BI
Appeal against a Notice of Underpayment served on the respondent employer under s19 of the National Minimum Wage Act 1998. Appeal dismissed.
- cases
14/04/2013 12:02
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Nambalat v Taher & Anor: Udin v Pasha & Ors [2012] EWCA Civ 1249
Conjoined appeals concerning the application of the National Minimum Wage Regulations to domestic workers. Appeals dismissed.
- cases
06/10/2012 12:21
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Turning Point (Scotland) v Perry & Anor UKEATS/0049/11/BI
Appeal against the refusal of an application for an order for expenses against the claimants after they withdrew their claims under the NMW. Appeal allowed.
- cases
14/05/2012 09:22
