Joshi v Sandercock [2003] UKEAT 1140_02_0606 (6 June 2003)

Joshi v Sandercock [2003] UKEAT 1140_02_0606 (6 June 2003)

The Tribunal erred by using net remuneration as the basis for calculation. The correct approach is to use gross remuneration. On this basis, underpayment occurred only during an eighteen-week period, amounting to £79.20, not £720 as previously ordered.

Citation
[2003] UKEAT 1140_02_0606
Parties
Appellant: Mr Joshi; Respondent: Mr Sandercock
Jurisdiction
United Kingdom
Judgment Date
06 June 2003
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed in part
Legal Topics
National Minimum Wage, Calculation of Gross and Net Pay, Holiday Pay, Notice Pay
Employment Law National Minimum Wage Calculation of Gross and Net Pay Holiday Pay Notice Pay

Case Brief

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Parties

Mr Joshi

Appellant

Mr Sandercock

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Employment Tribunal erred in calculating underpayment of wages under the National Minimum Wage Regulations by using net rather than gross pay
  2. 2 Whether Mr Sandercock was underpaid in relation to the National Minimum Wage

Ratio Decidendi

The Tribunal erred by using net remuneration as the basis for calculation. The correct approach is to use gross remuneration. On this basis, underpayment occurred only during an eighteen-week period, amounting to £79.20, not £720 as previously ordered.

Court Disposition

Appeal allowed in part

Orders

  • Order for payment of £720 under National Minimum Wage Regulations set aside and replaced by an order for payment of £79.20
  • Total outstanding from Mr Joshi to Mr Sandercock is £253.46, after accounting for previous payments