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HMRC v Rinaldi-Tranter - Apprentice "working" for employer is entitled to national minimum wage [2007] EAT

Miss Fulcher was a trainee hairdresser with Mrs Rinaldi-Tranter, as a Foundation Modern Apprentice. HMRC ruled that, after her first year, she should be paid the National Minimum Wage, but the tribunal disagreed. HMRC appealed.

The EAT held that there must be a judgment made about any given second year of apprenticeship. Here Miss Fulcher was given tasks, which she performed personally for the business. This made her a "worker" and thus entitled to the national minimum wage.

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