McGavigan v Western Urgent Care [2018]

Posted in: Case Law
  • Legal Body
    NI Industrial/Employment Tribunal
  • Type of Claim / Jurisdiction
    Contracts of Employment, Working Time and Leave, Pay and Conditions of Employment
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

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This article is correct at 18/04/2018
Disclaimer:

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
Barrister

The main content of this article was provided by John Taggart BL. Contact telephone number is 07525 020288 or email jtaggart11@qub.ac.uk

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