Nambalat v Taher & Ors [2012] EWCA Civ 1249 (05 October 2012)

Nambalat v Taher & Ors [2012] EWCA Civ 1249 (05 October 2012)

The Employment Tribunals were entitled to find, on the facts, that the appellants were treated as members of the family for the purposes of regulation 2(2), and thus the exemption from the National Minimum Wage applied. The correct legal test is an overall assessment of family membership, not strict equivalence of tasks or a particular standard of accommodation.

Citation
[2012] EWCA Civ 1249
Parties
First Appellant: Ms T Nambalat; Second Appellant: Ms Y Binti Salim Udin; First Respondent: Mr Taher; First Respondent: Mrs S Tayeb; Second Respondent: Mr F Chamsi-Pasha; Second Respondent: Mrs L Chamsi-Pasha; Second Respondent: Mr Y Kaylani
Jurisdiction
England and Wales
Judgment Date
05 October 2012
Procedural Posture
Appeal From Employment Appeal Tribunal / Court of Appeal Judgment
Outcome
Appeals dismissed
Legal Topics
National Minimum Wage, Domestic Workers, Employment Tribunals, Statutory Interpretation, Employment Rights
Employment Law National Minimum Wage Domestic Workers Employment Tribunals Statutory Interpretation Employment Rights

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Ms T Nambalat

First Appellant

Ms Y Binti Salim Udin

Second Appellant

Mr Taher

First Respondent

Mrs S Tayeb

First Respondent

Mr F Chamsi-Pasha

Second Respondent

Mrs L Chamsi-Pasha

Second Respondent

Mr Y Kaylani

Second Respondent

Procedural Posture

Appeal From Employment Appeal Tribunal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether domestic workers residing in the employer's family household are entitled to the National Minimum Wage under the National Minimum Wage Regulations 1999, regulation 2(2)
  2. 2 Whether the appellants were treated as members of the family for the purposes of the exemption in regulation 2(2)

Ratio Decidendi

The Employment Tribunals were entitled to find, on the facts, that the appellants were treated as members of the family for the purposes of regulation 2(2), and thus the exemption from the National Minimum Wage applied. The correct legal test is an overall assessment of family membership, not strict equivalence of tasks or a particular standard of accommodation.

Court Disposition

Appeals dismissed