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National minimum wage: Restriction of higher education work experience exception to UK students does not give rise to unlawful discrimination

This report relates to 1 case(s)

In Daler-Rowney Ltd v HM Revenue & Customs EAT/0273/13, the EAT upheld an employment tribunal's decision that work experience students from non-UK institutions of higher education are not covered by the exception from the national minimum wage and that the employer was therefore properly presented with a notice of underpayment by HMRC. The limitation of the exception to UK institutions was indirectly discriminatory on the grounds of race, but the employment judge was entitled to find that the narrow scope of the exception was a proportionate means of achieving a legitimate aim.