THE INDUSTRIAL TRIBUNALS

CASE REF:	1580/10

CLAIMANT:			Brian I Bloomer		

RESPONDENT:		Stephen Savage T/A Savage Electrics

DECISION 
The unanimous decision of the tribunal is that the claimant was paid the appropriate hourly rate and the claim under S.17 of the National Minimum Wage Act 1998, as amended by the Employment Act 2008, is dismissed.

Constitution of Tribunal:
Chairman:		Mr N Kelly
Members:		Mrs M Galloway
			Ms U Short

Appearances:
The claimant did not appear and was not represented.  A written submission was received from P A Duffy & Company, Solicitors.

The respondent was represented by Mr A Loughran, the respondent’s accountant.

1.	The claimant was placed with the respondent under the Steps to Work Programme, by the local Jobcentre, for 13 weeks up to 28 February 2010.  He was not an employee of the respondent during this period.  During the placement, he assisted electricians and performed the same duties as an apprentice electrician.

2.	At the end of the placement, the respondent offered the claimant employment as an apprentice electrician.  The claimant accepted that offer.

3.	On or about 16 April 2010 the claimant informed the respondent that he could not afford to live on the apprentice rate of £2.50 per hour and did not return to work.

4.	The claim form and the written submission argued that the claimant had not been employed as an apprentice electrician, but had been employed as a general operative (labourer).

5.	The uncontested evidence of Mr Loughran was that the respondent did not employ labourers.  That work, on site, was done by the main contractor or was sub-contracted by the respondent.

6.	The tribunal concludes that the claimant had been employed as an apprentice electrician from 1 March 2010 and that he was paid the appropriate hourly rate.

7.	The claim under the National Minimum Wage Act 1998 is dismissed.

Chairman:

Date and place of hearing:  6 September 2010, Belfast.		

Date decision recorded in register and issued to parties: