>Chris is a partner in the Employment Law Group of the Arthur Cox Belfast Office in Northern Ireland.
Chris has extensive experience dealing with both contentious and non-contentious employment law matters. Chris advises a range of employers on all aspects of employment law including executive appointments, severance, grievances, disciplinary issues and trade union matters. Chris has represented clients before the Industrial Tribunal, Fair Employment Tribunal and the Court of Appeal in Northern Ireland in employment litigation such as unfair dismissal, equality/discrimination and whistleblowing. Chris’ practice area includes advisory work and corporate transactions.
What are the risks of national minimum wage (NMW)claims from sleepover staff?
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
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