Q&As

Is there a time limit for bringing a claim for underpayment of the national minimum wage?

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Published on LexisPSL on 21/09/2018

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • Is there a time limit for bringing a claim for underpayment of the national minimum wage?
  • Claim for breach of contract in the High Court/County Court
  • Claim for breach of contract in the employment tribunal
  • Claim for unlawful deduction from wages in the employment tribunal

Is there a time limit for bringing a claim for underpayment of the national minimum wage?

If a worker has not been paid the national minimum wage (NMW), the worker can enforce their entitlement by way of their contract by making:

  1. a claim for breach of contract in the High Court/County Court or in the employment tribunal, or

  2. a claim for unlawful deduction from wages in the employment tribunal

An individual who qualifies for NMW protection but does not satisfy the criteria needed to acquire the 'worker' status that would normally be required to bring a deduction from wages claim (ie the status necessary to fall within the wages protection in Part II of the Employment Rights Act 1996 (ERA 1996)) is deemed to have that worker status for the purposes of claiming a NMW underpayment through a deduction from wages claim.

For further information, see Practice Note: National minimum wage—Consequences of failure to pay.

The time limit that applies will therefore depend on the type of claim that the worker brings and the forum in which they bring it.

Claim for breach of contract in the High Court/County Court

A claim for breach of contract in the High Court/County Court must be brought

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