Source: All England Reporter
Publisher Citation: [2001] All ER (D) 345 (Oct)
Court: Employment Appeal Tribunal
Judge:

Judge Serota QC, Dr D Grieves and Ms G Mills
Representation Paul Kilcoyne (instructed by the Inland Revenue) for the appellant.
  Colin Bourne (instructed by Paul Boddy, Darlington) for the respondent.
Judgment Dates: 17 September 2001

Catchwords

Employment - Remuneration - Pay - Calculation of minimum wage - Claimant providing stewarding and refreshment services - Claimant contracting with stewards for services - Whether stewards qualifying as 'workers' - Whether certain payments to be treated as sums paid by the respondent for the purposes of calculating the minimum wage - National Minimum Wages Act 1998, s 54(3).

The Case

On an appeal against a finding by the employment tribunal that stewards employed by a company providing stewarding and catering services to the coach industry qualified as workers within the meaning of s54(3) of the the Employment Appeal Tribunal held that the tribunal had erred in its approach and accordingly allowed the appeal.

Practice Areas

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