||All England Reporter
|| All ER (D) 345 (Oct)
||Employment Appeal Tribunal
Judge Serota QC, Dr D Grieves and Ms G Mills
||Paul Kilcoyne (instructed by the Inland Revenue) for the appellant.
||Colin Bourne (instructed by Paul Boddy, Darlington) for the respondent.
||17 September 2001
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).
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.
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