Live-in housekeepers in various situations were not entitled to the National Minimum Wage. The Employment Appeal Tribunal clarified how tribunals should approach the issue
Whilst the National Minimum Wage applies to most workers there are exceptions for certain classes of worker. One such class applies to the worker who lives in the employer’s home and is treated as a member of their family.
The Employment Appeal Tribunal said that the question whether a worker is integrated into a family must be considered holistically. No one factor is to be decisive but tribunals should pay particular regard to the provision of accommodation and meals and the sharing of tasks and leisure activities. Other matters such as the general dignity with which the domestic worker is treated may be taken into account, as may the degree of privacy and autonomy they are afforded and the extent to which, if at all, they are exploited.
The Employment Appeal Tribunal went on to say that the ‘sharing of tasks’ does not include the work which the worker was employed to do – it means the tasks that are performed by the family as a family unit. It was not necessary to show that such tasks were undertaken jointly with the family, or that the tasks performed by the family and the worker were equivalent.
Taking into account the facts the Employment Appeal Tribunal was satisfied that the workers in question fell within the exception. Accordingly, it held that they were not entitled to be paid the National Minimum Wage.
Case reference: Miss M S L Julio & Others v Ms F Jose & Others
Exploitation of the workers was not an issue here. However, the Employment Appeal Tribunal indicated that if it had been, the workers would not have been treated as family members and would, therefore, have been entitled to be paid the National Minimum Wage.
