EAT rules on application of minimum wage rules to term time workers


The Employment Appeal Tribunal handed down judgment on 24 January in Lloyd v Elmhurst School, a significant appeal relating to the application of the National Minimum Wage Regulations 2015 to salaried term time workers.

Overturning the decision of an employment tribunal, the EAT determined that the Appellant teaching assistant was entitled to receive minimum wage payments corresponding to her “basic hours” as defined in her contract, even insofar as those hours fell outside term time and were more than the hours which she in fact worked. The EAT also affirmed that minimum wage entitlements apply in relation to time spent on contractual holiday leave under a salaried worker’s contract.

Darryl Hutcheon acted for the Appellant in this case.


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