Udin v Chamsi -Pasha & Ors (National Minimum Wage) [2011] UKEAT 0071_11_0812 (08 December 2011)

Udin v Chamsi -Pasha & Ors (National Minimum Wage) [2011] UKEAT 0071_11_0812 (08 December 2011)

Regulation 2(2) of the National Minimum Wage Regulations 1999 applies to the claimants, as they were treated as members of their employers' families in respect of accommodation, meals, and sharing of tasks and leisure activities; the exemption is to be construed narrowly, but the work performed under contract is not...

Source-derived case information.

Citation
[2011] UKEAT 0071_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 Tribunal / Appeal From Employment Tribunal Decisions
Outcome
Appeals dismissed in respect of National Minimum Wage entitlement; claimants not entitled to NMW. Race discrimination claim remitted for rehearing before a differently constituted tribunal. Unlawful deduction of wages claim upheld as within tribunal jurisdiction.
Legal Topics
National Minimum Wage, Domestic Workers, Employment Rights, Race Discrimination, Unauthorised Deductions From Wages
Employment Law National Minimum Wage Domestic Workers Employment Rights Race Discrimination Unauthorised Deductions From Wages

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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 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' and 'sharing of tasks' under reg. 2(2)
  3. 3 Whether non-payment of agreed wages and alleged exploitation affect the application of the exemption

Ratio Decidendi

Regulation 2(2) of the National Minimum Wage Regulations 1999 applies to the claimants, as they were treated as members of their employers' families in respect of accommodation, meals, and sharing of tasks and leisure activities; the exemption is to be construed narrowly, but the work performed under contract is not relevant to 'sharing of tasks'; none of the claimants is entitled to the National Minimum Wage.

Court Disposition

Appeals dismissed in respect of National Minimum Wage entitlement; claimants not entitled to NMW. Race discrimination claim remitted for rehearing before a differently constituted tribunal. Unlawful deduction of wages claim upheld as within tribunal jurisdiction.

Orders

  • None of the claimants is entitled to be paid the National Minimum Wage.
  • Race discrimination claim remitted to a differently constituted Employment Tribunal for rehearing.