Mr Santosh Alexender Thukalil & Mrs Riya George Thukalil v Puthenveettil & another [2023] EAT 47

The Employment Appeal Tribunal has again confirmed that the family worker exemption is unlawful. Under the exemption live in domestic workers who are treated as a member of the family, are not entitled in law to receive the national minimum wage, or any salary at all. In practice it is relied on regularly in situations of exploitation including human trafficking. In December 2020, the London South Employment Tribunal found the Family Worker Exemption to be unlawful.

ATLEU argued on behalf of its client Mrs Puthenveetil, that the exemption was indirectly discriminatory as domestic workers were more likely to be women, so the exemption resulted in more women than men not receiving the national minimum wage. The employers in Mrs Puthenveetil’s case appealed the finding that the family worker exemption was unlawful. They argued that the Tribunal had applied the wrong legislation in concluding that the exemption led to indirect sex discrimination.

On 05 April 2023, the Employment Appeal Tribunal dismissed the employers appeal and confirmed that the exemption as applied in Mrs Puthenveetil’s case was indeed unlawful and that the London South Employment Tribunal had correctly applied the law.

As a result of Mrs Puthenveetil’s case the Government sought evidence from the Low Pay Commission and committed to revoking the exemption.

However, one year on, no steps have been taken.

Until the exemption is formally revoked, exploitative employers will continue to rely on it, delaying justice for survivors.

Mr Santosh Alexender Thukalil & Mrs Riya George Thukalil v Puthenveettil & another [2023] EAT 47