Q&As

Where the amount the employer pays the employee is in accordance with the employment contract, but fails to meet the national minimum wage, can the employee bring a claim for breach of contract in the civil courts (rather than in the employment tribunal) and, if so, what are the time limits for bringing such a claim?

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Published on LexisPSL on 28/10/2020

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

  • Where the amount the employer pays the employee is in accordance with the employment contract, but fails to meet the national minimum wage, can the employee bring a claim for breach of contract in the civil courts (rather than in the employment tribunal) and, if so, what are the time limits for bringing such a claim?
  • Time limits

Section 17 of the National Minimum Wage Act 1998 (NMWA 1998) provides that, if a worker who qualifies for the national minimum wage is paid for any pay reference period by their employer at a rate which is less than the national minimum wage, the worker is to be taken to be entitled under their contract to be paid, as additional remuneration in respect of that period, calculated by one of two methods set out in NMWA 1998, s 17(2) and 17(4). Where the two methods produce different amounts, they will be entitled to whichever is the higher.

An individual who qualifies for national minimum wage protection but does not satisfy the criteria needed to acquire the 'wo

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