Comment on the Governments decision to amend the 1999 NMW Regulations
Commenting on the impending judicial review, Samantha Davies at RSMTenon says, You might be aware that the Governments decision to amend the 1999 NMW Regulations with effect from 1 January 2011 (to remove expenses related to travel to temporary workplaces from what counts towards NMW) is the subject of a claim for judicial review and has been listed for an urgent hearing on 20th and 21st December. A claim has been raised by a UK recruiter that the proposed amendment is unlawful. There are strong arguments presented that the justifications for the changes promoted by the Government are inconsistent with the facts."
You can find the details on www.publications.parliament.uk if you search for Draft National Minimum Wage (Amendment) (No.2) Regulations 2010 and look at Appendix 1.
It seems there are the following possibilities:
The urgent hearing in December will determine that the amendment is unlawful but the changes will still come into effect (in this instance I see many companies currently using the planning continuing to do so)
The hearing will determine that the amendment is unlawful and it will not come into effect
The hearing will dismiss the claims and the changes will go ahead
There will be further delays in determining whether the measures are lawful and/or bringing the amendments into effect.