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National minimum wage: Time limit not relevant to validity of enforcement notice

This report relates to 1 case(s)

  • expand disabled

    HM Inland Revenue v Silk and another [2002] All ER (D) 296 (May) EAT (0 other reports)

Key points

  • In HM Inland Revenue v Silk and another 15.3.02 EAT 405/01, the EAT holds that a tribunal erred in law in deciding that an enforcement notice issued under the National Minimum Wage Act 1998 was ineffective because the Inland Revenue's complaint to the employment tribunal that the employer had not complied with the notice had been made outside the three-month time limit prescribed by the Employment Rights Act 1996.
  • Where it is established that an employee qualifies for the national minimum wage, but has not been paid it, the enforcement process can be taken by reference to the National Minimum Wage Act alone, under which no time limit is prescribed.