What are the risks of national minimum wage (NMW) claims from sleepover staff?

Posted in : First Tuesday Q&A NI on 5 June 2018
Chris Fullerton
Arthur Cox NI
Issues covered:

The NMW is the specified minimum hourly rate of pay to which most workers are entitled. All employers are obliged to pay the NMW, irrespective of their size.

First and foremost, timing is the first factor that should be taken into account as NMW claims can be brought as unlawful deductions from wages and/or breach of contract.

Employees can only claim unlawful deduction from wages for a period of three months from the date of the last unlawful deduction. In contrast, breach of contract claims can be brought for six years after each incidence of underpayment (Article 4 of the Limitation (Northern Ireland) Order 1989), significantly widening the possibility for such claims being brought.


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Back to Q&A's This article is correct at 05/06/2018

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.

Chris Fullerton
Arthur Cox NI

The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com

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