Wednesday, 26 January 2011

Minimum wage and 'on call claims'

South Manchester Abbeyfield Society Ltd v Hopkins & Anor UKEAT/0079/10/ZT

Employment Case Update have covered a recent EAT case relating to the above. The Judgment reviews all of the law in this area succinctly and explains when the Minimum Wage Working Time Regulations 1998 and when the National Minimum Wages Act 1998 ("NMWA") and the National Minimum Wage Regulations 1999 become relevant. The judgment considers interesting concepts such as can a Claimant only claim successfully for time when actually awake.

Link

3 comments:

Glasgow said...

Thanks for sharing this - it is indeed important that minimum wage rules are adhered to by all employers; otherwise, there could be financial losses not only by the employee but by the employer itself.

Best wishes
Independent Financial Advisers, Glasgow

Employment said...

Employment Lawyers & Solicitors Liverpool


Have heard comment that it is arguable that the worst offenders who deliberately breach the national minimum wage legislation may not care about being named or shamed by the authorities - this may be the case, but it is hoped that this stance will not be adopted if the employers concerned understand the potential punishment for flouting the law in this area.

Thanks for posting.

Timothy said...

I think minimum wage is something that needs to be more striclty monitored by employment law and its enforcers, the service industry is notorious for flouting minimum wage requirements and have ben so for years now yet nothing much seems to be done.