from Part III - Statutory Regulation of the Employment Relationship
Published online by Cambridge University Press: 02 October 2025
The common law permits employers to fix the wages payable under the contract of employment and also upholds a broad principle of no work–no pay. Statute protects employees against deductions from their wages that are not authorised by the terms of their contract. Subject to the express terms of the contract, in some circumstances employers may be under a duty to provide work so that employees can earn a living. These rules embrace a principle of mutuality that protects the expectation of the employer that work will be performed and of the employee that work will be remunerated. The National Minimum Wage sets a floor on wages for all workers. The chapter describes the method of assessing whether the minimum wage is paid in various kinds of jobs. It concludes by assessing the various types of enforcement mechanisms, including HMRC inspectors, penalties and civil claims, and assesses the effectiveness of the law.
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