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26 January 2012
Issue: 7498 / Categories: Case law , Law digest , In Court
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Employment

Julio v Jose; Nambalat v Taher and another; Jose v Julio and other appeals UKEAT/0553/10/DM, [2012] All ER (D) 100 (Jan)

 

The exemption in reg 2(2) of the National Minimum Wage Regulations 1999 (SI 1999/584) should be narrowly interpreted. It had to be shown that the relevant individual had genuinely been treated as a member of the family unit. In applying the test, the worker’s place within the family had to be considered holistically. The wording of reg 2(2)(a)(ii) emphasised that “particular regard” had to be had to the provision of accommodation and meals and the sharing of tasks and leisure activities.

However, it did not exclude regard to other material matters, such as the general dignity with which a domestic worker was treated, the degree of privacy and autonomy they were afforded, and the extent to which, if at all, they had been exploited. What work the worker did under his or her contract of employment was not relevant for the purposes of considering whether that condition was satisfied. Regulation 2(2)(a)(ii) did not require the worker to share all meals, tasks and leisure activities with the family,

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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