In this case, the industrial tribunal in Northern Ireland described a small employer's decision to dismiss a young worker to avoid having to increase her pay from £4.00 to the national minimum wage rate of £4.92, when she reached the age of 18, as "callous".
Tori O'Neil, associate, and Judith Harris, legal director, at Addleshaw Goddard detail the latest rulings.
In Tao Herbs & Acupuncture Ltd v Jin EAT/1477/09, the EAT held that the employer's ability to pay is not a relevant consideration for a tribunal when calculating compensation for unfair dismissal.
The Employment Appeal Tribunal has provided a reminder that employment tribunals should not take into account the employer's ability to pay when considering how much compensation to award an unfairly dismissed employee.
The Employment Appeal Tribunal has held that a sleep-in payment was not an allowance for the purpose of the national minimum wage. Therefore it should not be excluded from the calculation of the hourly rate paid by the employer.
The Employment Appeal Tribunal has held that the national minimum wage relates to a worker's basic rate of pay, even if he or she normally works only at night at an enhanced rate.
HR and legal information and guidance relating to the national minimum wage.