Employment Law

National Minimum Wage (NMW)

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National Minimum Wage (NMW)

All workers (except limited excluded categories) are entitled to be paid no less than the NMW. The NMW is reviewed annually and at present (from 1st April 2019) is as follows:

  • Workers who are over compulsory school leaving age (16 years) but under 18 years: the rate is £4.35 per hour
  • Workers aged between 18 years and 20 years: the rate is £6.15 per hour
  • Workers aged betweeb 21 years and 24 years: the rate is £7.70 per hour
  • Workers 25 years and over: the rate is £8.21 per hour

There are special rates for those undertaking an apprenticeship or those on government training schemes. The apprentice rate is £3.90 per hour.

The rate of pay is calculated by reference to all remuneration payable and therefore includes commission, tips and bonuses. The rate of pay is assessed over the workers pay period – usually weekly or monthly. There are detailed regulations which cover the calculation of which working hours count towards the assessment. Employers must maintain written records of hours worked by staff - and the worker is entitled to require the employer to produce copies of those records (failure to do so can lead to a financial award in favour of the employee by an employment tribunal).

Failure to pay the NMW entitles the employee to bring an application in the employment tribunal or the County Court. The burden of proof is reversed, so that it is for the employer to prove that he is paying the minimum wage.

In addition to the rights of employees to enforce the NMW regulations the Inland Revenue may also undertake investigations to ensure compliance, including the power to issue enforcement notices and require the payment of back pay. Remedy can be very expensive. Repeated or wilful breach of the regulations can lead to criminal proceedings being taken against offending employers.

Employment Law- Fixed Fees

INITIAL FREE HALF HOUR APPOINTMENT

This includes:- Attending you for a preliminary appointment to see whether you have a case or can defend a case. Please note that this is for 30 minutes only and does not include advice in writing.


We are able to offer fixed fees to both claimants and respondents in relation to Employment Tribunal claims. Please contact us for specialist advice and further details.

Preliminary Advice

This includes:

Taking instructions (up to 1.5 hours)

Detailed advice letter

 

Fee £250

VAT @20%

TOTAL £300

Employment Tribunal Proceedings

Advising employee on an Acas Early Conciliation Notification (now an essential first step before lodging an employment claim)

 

Fee £200

VAT @20%

TOTAL £240

  

Preparation of a Claim Form ET1 on behalf of an employee

 

Fee £400

VAT @20%

TOTAL £480

  

Preparation of a Claimant's Schedule of Loss

 

Fee £200

VAT @20%

TOTAL £240

 

 Preparation of a Claimant's List of Documents

 

Fee £400

VAT @20%

TOTAL £480

 

Advising an employee in relation to a flexible working request

 

Fee £400

VAT @20%

TOTAL £480

 

 Preparation of contracts of employment and statutory terms and conditions

 

Fee £250 - £400

VAT @20%

TOTAL £300 - £480

  

Preparation of standard disciplinary and grievance procedures

 

Fee £400

VAT @20%

TOTAL £480

 

Drafting and preparation of Respondent’s Response ET3

 

Fee £400

VAT @20%

TOTAL £480

Preparation of Witness Statements

Fee £200 - £400

VAT @20%

TOTAL £240 - £480

Chris Kingham

Solicitor
CONTACT

Quintin Barry

Consultant Solicitor & Notary Public
CONTACT
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