Nambalat v Taher & Ors

Nambalat v Taher & Ors

The Court held that the Employment Tribunals applied the correct legal test in determining whether the appellants were treated as members of the family for the purposes of the exemption in regulation 2(2). The sharing of tasks does not require equivalence in the amount of work performed by the worker and family members, but an overall assessment of integration into family life is required. The provision and allocation of accommodation is only one factor. On the facts, the appellants were treated as members of the family and the exemption applied; therefore, they were not entitled to the National Minimum Wage.

Parties
First Appellant: Ms T Nambalat; First Respondents: Mr Taher and Mrs S Tayeb; Second Appellant: Ms Y Binti Salim Udin; 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 / Court of Appeal Judgment on Appeal From Employment Appeal Tribunal
Outcome
Appeals dismissed
Legal Topics
National Minimum Wage, Domestic Workers, Employment Tribunals, Statutory Interpretation
Employment Law National Minimum Wage Domestic Workers Employment Tribunals Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

Ms T Nambalat

First Appellant

Mr Taher and Mrs S Tayeb

First Respondents

Ms Y Binti Salim Udin

Second Appellant

Mr F Chamsi-Pasha

Second Respondent

Mrs L Chamsi-Pasha

Second Respondent

Mr Y Kaylani

Second Respondent

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From Employment Appeal Tribunal

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 Proper construction of 'treated as a member of the family' for the purposes of the exemption in regulation 2(2)
  3. 3 Whether the sharing of tasks and provision of accommodation and meals satisfies the statutory exemption

Ratio Decidendi

The Court held that the Employment Tribunals applied the correct legal test in determining whether the appellants were treated as members of the family for the purposes of the exemption in regulation 2(2). The sharing of tasks does not require equivalence in the amount of work performed by the worker and family members, but an overall assessment of integration into family life is required. The provision and allocation of accommodation is only one factor. On the facts, the appellants were treated as members of the family and the exemption applied; therefore, they were not entitled to the National Minimum Wage.

Court Disposition

Appeals dismissed