Chamsi -Pasha & Anor v Udin & Anor (National Minimum Wage) [2011] UKEAT 0070_11_0812 (8 December 2011)

Chamsi -Pasha & Anor v Udin & Anor (National Minimum Wage) [2011] UKEAT 0070_11_0812 (8 December 2011)

Regulation 2(2) applied to all three claimants; none were entitled to National Minimum Wage as they were treated as members of the family in the relevant respects. Sharing of tasks does not include contractual work, and equivalence is not required. Race discrimination claim remitted due to inadequate tribunal reasoning.

Citation
[2011] UKEAT 0070_11_0812
Parties
Claimant: Ms F Jose; Claimant: Ms T Nambalat; Claimant: Ms Y Binti Salim Udin; Respondent: Ms M S L Julio; Respondent: Mr Taher; Respondent: Mrs S Tayeb; Respondent: Mr F Chamsi-Pasha; Respondent: Mrs L Chamsi-Pasha; Respondent: Mr Y Kaylani
Jurisdiction
United Kingdom
Judgment Date
08 December 2011
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeals dismissed regarding National Minimum Wage entitlement; race discrimination claim remitted; unlawful deduction of wages claim upheld.
Legal Topics
National Minimum Wage, Domestic Worker Exemption, Race Discrimination, Unauthorised Wage Deductions, Holiday Pay
Employment Law Discrimination Law National Minimum Wage Domestic Worker Exemption Race Discrimination Unauthorised Wage Deductions Holiday Pay

Case Brief

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Parties

Ms F Jose

Claimant

Ms T Nambalat

Claimant

Ms Y Binti Salim Udin

Claimant

Ms M S L Julio

Respondent

Mr Taher

Respondent

Mrs S Tayeb

Respondent

Mr F Chamsi-Pasha

Respondent

Mrs L Chamsi-Pasha

Respondent

Mr Y Kaylani

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Entitlement of live-in domestic workers to National Minimum Wage under Regulation 2(2)
  2. 2 Interpretation of 'treated as a member of the family' for exemption
  3. 3 Race discrimination in wage deductions

Ratio Decidendi

Regulation 2(2) applied to all three claimants; none were entitled to National Minimum Wage as they were treated as members of the family in the relevant respects. Sharing of tasks does not include contractual work, and equivalence is not required. Race discrimination claim remitted due to inadequate tribunal reasoning.

Court Disposition

Appeals dismissed regarding National Minimum Wage entitlement; race discrimination claim remitted; unlawful deduction of wages claim upheld.

Orders

  • None of the claimants entitled to National Minimum Wage.
  • Race discrimination claim remitted to differently constituted tribunal.