Can a part-time employee paid NMW be required to undertake a necessary qualification and be required to pay for it, even though his wages would then fall below the NMW?Posted in : First Tuesday Q&A NI on 2 August 2011
Firstly, any such deductions from pay must either be agreed in advance with the employee or must be set out in his/her contract of employment.
In respect of NMW, certain sums must be deducted from total gross pay in order to reach NMW pay. These sums should be included when calculating a worker’s hourly rate and will reduce the amount of the worker’s total earnings for NMW purposes. These include deductions in respect of expenditure in connection with employment (e.g. tools, cleaning of uniforms etc) and deductions which are for the employer’s “own use and benefit”.
The deduction does not
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from Maxine Orr, Partner at Worthingtons Solicitors
Back to Q&A's This article is correct at 02/09/2015
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.