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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

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
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