Minimum wage orders

Minimum wage compliance orders (these are orders issued against employers who are not paying the minimum wage) can only be issued in respect of current workers. Compliance officers have no right to serve orders in respect of the wages of workers no longer employed by the employer.

Although individual employees could still take claims for arrears of pay even after they have left employment (provided the claim is made within the laid down statutory period) general enforcement notices cannot be issued. The ruling means that it is important that representatives keep a close watch on wages being paid at the time, rather than leaving it to individual workers to pursue their claims one by one.

* Inland Revenue Wales & Midlands v Bebb Travel [2002] IRLR 783