KAT v Torbay Council

KAT v Torbay Council

The applicant was only performing contractual duties during periods when a child was actually placed and not for 24 hours per day; periods without placements or when not actively engaged in care provision do not count towards minimum wage calculations.

Parties
Applicant: KAT; Respondent: Torbay Council
Jurisdiction
England and Wales
Judgment Date
17 January 2018
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Application refused
Legal Topics
National Minimum Wage, Worker Status, Quantum of Arrears, Foster Care Contracts
Employment Law National Minimum Wage Worker Status Quantum of Arrears Foster Care Contracts

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Parties

KAT

Applicant

Torbay Council

Respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the applicant was performing 'unmeasured work' or 'salaried hours work' under the National Minimum Wage Regulations 1999
  2. 2 Whether the applicant was entitled to minimum wage for 24 hours per day during periods of placement
  3. 3 Whether periods without placements constituted performance of contractual duties

Ratio Decidendi

The applicant was only performing contractual duties during periods when a child was actually placed and not for 24 hours per day; periods without placements or when not actively engaged in care provision do not count towards minimum wage calculations.

Court Disposition

Application refused

Orders

  • Permission to appeal denied