Bath Hill Court (Bournemouth) Management Company Ltd –v- Coletta
25th July 2019
The Appellant, Bath Hill Court, has lodged appeals against two judgments of the Employment Appeal Tribunal relating to the Respondent, Mr Coletta’s complaint of wrongful deduction from wages in respect of Bath Hill Court’s failure to pay Mr Coletta the national minimum wage over a period of some 15 years.
The first judgment rejects Bath Hill Court’s appeal against an Employment Tribunal’s decision on liability, holding that Mr Coletta was entitled to receive the rate of the national minimum wage for hours at night when he might be asleep at the flat provided for him at Bath Hill Court’s premises.
The second judgment allows Mr Coletta’s appeal against the ET’s decision on remedy and holds that he is entitled to recover arrears of wages without limit of time, such that he could recover 15 years’ arrears in respect of Bath Hill Court’s failure to pay such wages.
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