Bringing an employment tribunal claim for the NMW


A worker can bring a private employment tribunal claim for NMW arrears as unlawful deductions from wages (see page 103), or a civil claim for breach of contract (see Chapter 3). The claim must be brought within three months of the most recent non-payment. In the employment tribunal, only two years of NMW arrears can be recovered, as a result of changes to the law explained on page 103. Six years of arrears can be recovered in a civil court claim. 


In practice, tribunal fees have removed the employment tribunal as a viable route for recovery of unpaid NMW for many claimants. The issue fee is fixed at £160, and the hearing fee is £230, irrespective of the claim’s value, whereas the average value per worker of an NMW claim is just £125 (2014-15). There is a government fee remission scheme (known as “Help with Fees” ) but it is not generous, and TUC research has shown that many workers on the NMW will not qualify, for example, because of their partner’s earnings.


The first step in any tribunal claim is to contact Acas for Early Conciliation, which is free of charge. This step must be taken within the three-month deadline for bringing the claim. No tribunal claim can be brought without an Acas Early Conciliation Certificate. For information on fees, “Help with Fees” and Acas Early Conciliation, see Chapter 13.