Nambalat v Taher & Anor (National Minimum Wage) [2011] UKEAT 0596_10_0812 (08 December 2011)

Nambalat v Taher & Anor (National Minimum Wage) [2011] UKEAT 0596_10_0812 (08 December 2011)

Regulation 2(2) applies to all three claimants; none are entitled to the National Minimum Wage as they were treated as members of the family in the relevant respects; exemption must be construed narrowly but holistically; sharing of tasks does not include contractual work nor require equivalence.

Source-derived case information.

Citation
[2011] UKEAT 0596_10_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
Appeal / Judgment
Outcome
Appeals dismissed regarding entitlement to National Minimum Wage; claimants not entitled to NMW. Race discrimination claim remitted to a differently constituted tribunal. Tribunal had jurisdiction to hear unlawful deduction of wages claim.
Legal Topics
National Minimum Wage, Domestic Worker Exemption, Unauthorised Deductions, Race Discrimination, Holiday Pay
Employment Law Discrimination Law National Minimum Wage Domestic Worker Exemption Unauthorised Deductions Race Discrimination Holiday Pay

Source-derived case record

Summary, issues, holding and outcome

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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

Appeal / Judgment

Legal Issues

  1. 1 Whether foreign domestic workers employed in family households are entitled to the National Minimum Wage under Regulation 2(2) of the National Minimum Wage Regulations 1999
  2. 2 Whether the exemption in Regulation 2(2) applies to the claimants
  3. 3 Whether unauthorised deductions from wages occurred

Ratio Decidendi

Regulation 2(2) applies to all three claimants; none are entitled to the National Minimum Wage as they were treated as members of the family in the relevant respects; exemption must be construed narrowly but holistically; sharing of tasks does not include contractual work nor require equivalence.

Court Disposition

Appeals dismissed regarding entitlement to National Minimum Wage; claimants not entitled to NMW. Race discrimination claim remitted to a differently constituted tribunal. Tribunal had jurisdiction to hear unlawful deduction of wages claim.

Orders

  • None of the claimants are entitled to be paid the National Minimum Wage.
  • Race discrimination claim remitted to a differently constituted tribunal for fresh findings.