Source: All England Reporter
Publisher Citation: [2008] All ER (D) 170 (Jun)
Court: Employment Appeal Tribunal
Judge:

Wilkie J

Representation Adam Tolley (instructed by Revenue and Customs Solicitors) for the Commissioners.
  Timothy Brennan QC (instructed by Vantis Tax Ltd) for the respondents.
Judgment Dates: 13 June 2008

Catchwords

Employment - Remuneration - National minimum wage - Non-compliance - Respondents operating private members' clubs and restaurants - Respondents operating tronc system for payment of tips and gratuities - Commissioners issuing enforcement notices against respondents - Whether tronc payments being payments by employer for purposes of national minimum wage - s 19.

The Case

The question of whether payments made to employees from tronc money were payments made by the employer was definitively answered by a determination of the ownership of the monies at the point of payment to the employees.

Practice Areas

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