Julio v Jose (National Minimum Wage) [2011] UKEAT 0553_10_0812 (08 December 2011)

Julio v Jose (National Minimum Wage) [2011] UKEAT 0553_10_0812 (08 December 2011)

Regulation 2(2) of the National Minimum Wage Regulations 1999 applies to the claimants; they were treated as members of their employers' families, and thus their work is exempt from the National Minimum Wage. The exemption must be construed narrowly, but the holistic facts supported its application. The sharing of...

Source-derived case information.

Citation
[2011] UKEAT 0553_10_0812
Parties
Claimant: Ms F Jose; Claimant: Ms Y Binti Salim Udin; Respondent: Ms M S L Julio; Respondent: Mr Taher and Mrs S Tayeb; Respondent: Mr F Chamsi-Pasha & Mrs L Chamsi-Pasha; Respondent: Mr Y Kaylani
Jurisdiction
United Kingdom
Judgment Date
08 December 2011
Procedural Posture
Employment Appeal Tribunal / Appeal From Employment Tribunal Decisions
Outcome
Appeals by claimants dismissed; appeal by Ms Julio on race discrimination and holiday pay allowed in part; race discrimination claim remitted to a differently constituted tribunal.
Legal Topics
National Minimum Wage, Domestic Workers, Employment Rights, Race Discrimination, Unauthorised Deductions From Wages, Holiday Pay
Employment Law Labour Law Discrimination Law National Minimum Wage Domestic Workers Employment Rights Race Discrimination Unauthorised Deductions From Wages +1 more

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Summary, issues, holding and outcome

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Parties

Ms F Jose

Claimant

Ms Y Binti Salim Udin

Claimant

Ms M S L Julio

Respondent

Mr Taher and Mrs S Tayeb

Respondent

Mr F Chamsi-Pasha & Mrs L Chamsi-Pasha

Respondent

Mr Y Kaylani

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal Decisions

Legal Issues

  1. 1 Whether foreign domestic workers residing in employers' households are entitled to the National Minimum Wage under the National Minimum Wage Act 1998 and Regulations 1999, reg. 2(2)
  2. 2 Proper interpretation of 'treated as a member of the family' for the purposes of the exemption in reg. 2(2)
  3. 3 Whether unauthorised deductions from wages and race discrimination occurred

Ratio Decidendi

Regulation 2(2) of the National Minimum Wage Regulations 1999 applies to the claimants; they were treated as members of their employers' families, and thus their work is exempt from the National Minimum Wage. The exemption must be construed narrowly, but the holistic facts supported its application. The sharing of tasks does not require equivalence or joint performance of employment duties. The race discrimination finding was not Meek-compliant and must be remitted.

Court Disposition

Appeals by claimants dismissed; appeal by Ms Julio on race discrimination and holiday pay allowed in part; race discrimination claim remitted to a differently constituted tribunal.

Orders

  • None of the claimants are entitled to the National Minimum Wage under Regulation 2(2).
  • The race discrimination claim in Jose is remitted to a differently constituted Employment Tribunal.