National minimum wage: higher education exception for UK workers justified

Daler-Rowney Ltd v HM Revenue & Customs EAT/0273/13

national minimum wage | indirect race discrimination | exception

The Employment Appeal Tribunal (EAT) has held that a "higher education course" under the National Minimum Wage Regulations 1999 (SI 1999/584) relates to courses undertaken only in the UK and therefore disproportionately excludes foreign students and is indirectly discriminatory, but is justified as a proportionate means of preventing abuse of the national minimum wage system, which is a legitimate aim.