Day: 2 March 2021

‘On 15 December 2020, the London South Employment Tribunal gave its judgment in a claim brought by a domestic worker, Ms Kamalammal P K Puthenveettil, challenging her exemption from payment of the national minimum wage on the basis of the “family worker” exemption. The Employment Tribunal (‘ET’) accepted the Claimant’s argument that this exemption, stemming from the “family worker” exemption, was unlawful and indirectly discriminatory on the basis of sex. This exemption has meant that some live-in domestic workers – part of an overwhelmingly female and largely ethnic minority and / or migrant workforce – have been at worst denied payment of the national minimum wage (‘NMW’), and in other cases lacked clarity about their entitlement to this very basic right. After outlining the background to Puthenveettil, this post will explain the family worker exemption and its (mis-)application to some live-in domestic workers. It will then analyse the judgment in Puthenveettil, its significance in questioning the devaluation of domestic work, and the limitations of the legal framework for domestic workers in the UK.’

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UK Labour Law, 1st March 2021

Source: uklabourlawblog.com