EAT NATIONAL MINIMUM WAGE
Judgment on liability was entered without hearing evidence in default for both alternative ways in which the Claimants advanced their claim for wages: at the National Minimum Wage rate alternatively at a higher rate claimed under an alleged contract. A different Employment Judge conducting a hearing on remedy concluded on the evidence that the Claimants had not established that they had an entitlement to the higher contractual amount claimed. She made an award based on the NMW. It was necessary for the Employment Judge determining remedy to decide between the two alternative bases of claim advanced in the ET1s. Choosing either would necessarily have been a rejection of one of the bases on which the liability Judgment was given. It was not accepted that the EJ on the remedies hearing was bound to make an award on the basis most beneficial to the Claimants.
Slade DBE J
[2013] UKEAT 0117 – 13 – 0207
Bailii
National Minimum Wage Act 1998
England and Wales
Employment
Updated: 01 November 2021; Ref: scu.515074