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National Minimum Wage: Attendance allowance did not count towards national minimum wage pay

This report relates to 1 case(s)

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    Aviation & Airport Services Ltd v Bellfield [2001] All ER (D) 164 (Mar) EAT (0 other reports)

In Aviation & Airport Services Ltd v Bellfield and others 14.3.01 EAT 194/00, the EAT holds that a weekly allowance payable to employees subject to full attendance in a given week was not "attributable to the performance of the worker in carrying out his work". It was therefore not remuneration counting towards the national minimum wage. The EAT also holds that the employer made unlawful deductions from the employees' wages in unilaterally reducing the attendance allowance at the same time as it raised their basic rates of pay to a level above the national minimum wage.