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National minimum wage: Live-in carer was entitled to payment only for specific tasks performed

This report relates to 1 case(s)

  • expand disabled

    Walton v Independent Living Organisation Ltd [2003] IRLR 469 CA (0 other reports)

Key points

In Walton v Independent Living Organisation Ltd 26.2.03 Court of Appeal, the Court of Appeal holds:

  • A carer who was required to be on the client's premises for a consecutive period of 72 hours each week was carrying out "unmeasured work" rather than "time work" under the National Minimum Wage Regulations 1999.
  • A written assessment form prepared by the Inland Revenue national minimum wage compliance team and signed by the carer, stating that the carer's specific duties took approximately six hours and 50 minutes per day, constituted a "daily average" agreement for unmeasured work within the Regulations.