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Thomas (1) Shresthe (2) Charles (3) v Taylors of St James Ltd - Default judgement not the forum for wages remedy decision [2013] EAT

Remedy for unlawful deduction might be at the NRM rate or, if established, a higher contractual rate, but it will not be both; furthermore this is a question of evidence and there is no requirement for a judge to choose the one most favourable to a claimant.

A case on minimum wage where the claim could have been remedied at the National Minimum Wage rate or at a higher rate claimed under an alleged contract. The Judge at the remedy hearing concluded on the evidence that the Claimants, of whom Mr Thomas was one, had not established any entitlement to the higher contractual amount claimed. It was confirmed that the remedy Judge was not bound to make an award on the basis most beneficial to the Claimants and the appeal was dismissed.

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