Thank you. They do not have to give you a raise in line with previous wage, all they have to do is ensure you get paid the minimum wage at any point in time. So you could have been earning £8.70 before the new minimum wage came into force on 6 April, and then all they could have done is increased it to £8.72 and that would have been legal.
So in your case, there is a tiny underpayment of 2p per hour, which as mentioned equates to around 80p per week. Your redundancy should be based on your minimum wage rate too so that would also be a slight underpayment too if they did not sue the correct figures.
Overall, you are not looking at much in terms of what you can claim as it will be probably around £50 altogether. You can certainly ask the employee to make up the required difference and if they refuse, then you can make a claim in the Employment Tribunal if needed to recover what you are owed.
Before a claim can be made against the employer in the Employment Tribunal, the affected employee would be required to participate in a process known as ‘early conciliation’, which is administered through the Advisory Conciliation and Arbitration Service (ACAS).
The purpose of this process is to allow ACAS to mediate between the employee and their employer to agree on an out-of-court settlement in order to avoid the need for legal action in the Employment Tribunal. The employer does not have to engage in these discussions and the process is voluntary for them. If they refuse to participate, or the conciliation is unsuccessful, the employee will be issued with a certificate by ACAS allowing them to make a claim.
However, if a settlement is reached, the employee would officially agree not to proceed with the claim in return for the agreed financial settlement. Other terms can also be included as part of the settlement, such as an agreed reference.
In order to initiate the early conciliation procedure, ACAS must be contacted, either online by filling in the following form (https://tell.acas.org.uk/find-a-solution-to-your-employment-dispute), or by phone on 0300(###) ###-#### They will explain the process and what happens next and get the ball rolling on your behalf.
If the early conciliation process was not successful, ACAS have issued a certificate to confirm that and you still wanted to make a formal claim in the Employment Tribunal, the claim can be initiated via the following link:
Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.