Blackford Farms Ltd v Mulqueeney - NMW claim time barred [2007] EAT

Mr Mulqueeney is a gamekeeper. He presented claims that he had been subjected to unlawful deductions from his wages in that he had been paid less than the National Minimum Wage and for breach of contract.

If his claim that he had been paid less than the national minimum wage was a claim for an unlawful deduction under Employment Rights Act s.13(3) it was out of time. If it was a contractual claim at common law it was not time barred. An Employment Tribunal held the latter and allowed his claim to proceed. On appeal the EAT has disagreed and held that his claim was time barred.

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