McGavigan v Western Urgent Care [2018]

Posted In: Case Law
  • Legal Body
    NI Industrial/Employment Tribunal (NIIET)
  • Type of Claim / Jurisdiction
    Contracts of Employment, Working Time, Pay
Issues covered: Contracts of Employment; Pay and Conditions; Working Time and Leave

The claimant worked as a receptionist and porter. He was contractually required to work a certain number of basic hours per month and was further entitled to receive pay enhancements for working unsocial hours.

The respondent failed to increase the claimant’s hourly rate of pay as it was required to do once he turned 21 as per the National Minimum Wage Regulations 2015. The respondent argued that after totalling all the actual hours worked, the average hourly rate exceeded £7.20. They also argued that any payments for unsocial hours were ‘discretionary,’ and amounted to a ‘bonus’ payment that could not be considered part of the contract of employment.

Issues arose when the respondent

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This article is correct at 18/04/2018

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

John Taggart BL

The main content of this article was provided by John Taggart BL.

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