Minimum wage decision

An employment tribunal should decide whether an employee was involved in ‘time work’ or ‘unmeasured work’ when working out whether the minimum wage was being complied with. A care worker claimed to have done ‘time work’ whereas the employer said it was ‘unmeasured work.’ Under the latter, her working hours were less, bringing her pay above the national minimum wage level, whereas on the basis of ‘unmeasured work’, she was paid well below. The employment tribunal and the Employment Appeal Tribunal rejected her claim and the Court of Appeal dismissed her appeal.