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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

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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