''Walton v Independent Living Organisation''
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EWCA Civ 199is a UK labour law">003
EWCA Civ 199is a UK labour law case regarding the National Minimum Wage Act 1998.
Facts
Miss Julie Walton was a care worker, who looked after Miss E Jones, who had epilepsy but was a relatively easy client. She did washing, ironing, shopping and meals. Miss Walton was required to remain at work for 24 hours a day, and did three days a week. She was paid £31.40 a day and got allowance for meals and sleeping was free when she was with Miss Jones. The National Minimum Wage Team of the
Inland Revenue
The Inland Revenue was, until April 2005, a department of the British Government responsible for the collection of direct taxation, including income tax, national insurance contributions, capital gains tax, inheritance tax, corporation t ...
contacted the company about a complaint. The employment agency sent in Miss Butler to do estimates about Miss Walton's hours of work and concluded her tasks took 6 hours and 50 minutes a day. Ms Walton agreed with this, and signed an agreement that this was in fact her hours of work.
Tribunal held that her time was ‘unmeasured’, and that the estimation was an agreement of time for the purpose of NMWR 1999 r 28, even though her whole pay was expressed on a daily basis. Therefore, she was paid £4.60 which was over the minimum wage.
Judgment
Aldous LJ upheld the Tribunal. They had come to an agreement about the average hours of work.
Arden LJ said it was a question of fact whether the worker did ‘only stand and wait’ and here she did not, and was able to do something entirely unrelated while at work.
Jacob J
Sir Robert Raphael Hayim "Robin" Jacob, PC (born 26 April 1941) is a former judge in the Court of Appeal of England and Wales.
Personal life
Jacob's father was Sir Jack Jacob, a Senior Master of the High Court who is well-known for editing ...
concurred.
See also
*
UK labour law
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equit ...
Notes
{{DEFAULTSORT:Walton V Independent Living Organisation Ltd
United Kingdom labour case law
United Kingdom wages case law
Court of Appeal (England and Wales) cases
2003 in case law
2003 in British law