Thukalil v Puthenveettil [2023]

Posted In: Case Law
  • Decision Number
    EAT 47
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Discrimination, Pay
Issues covered: Minimum Wage; EU Law; Indirect Discrimination


The claimant was a domestic worker in the respondent’s home from 2005 to 2013.  The National Minimum Wage Regulation 1999 (Regulation) outlined that such domestic workers were exempt and therefore not entitled to the minimum wage.  This was challenged on the grounds that the Regulation was indirectly discriminatory against women and contrary to EU law.


The Tribunal, at first instance, held that the Regulation was indirectly discriminatory on the grounds of sex, and it was not a proportionate way in achieving the aim which related to a live-in worker being treated as a family member.  The Tribunal further concluded that the Regulation was contrary to the

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This article is correct at 12/04/2023

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Jason Elliott BL

The main content of this article was provided by Jason Elliott BL. Email

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