PRESS RELEASE 19 November 1999

Low Pay Unit persistence pays off

A homeworker in the Midlands has secured the rights to be paid the National Minimum Wage following months of action by the Low Pay Unit on her behalf. The homeworker, who does not want to be identified, worked from home maintaining an out of hours telephone booking service, working 123 hours a week for £117. She has received a settlement of £2,311 for underpayment stretching back to 1 April 1999, when the NMW was introduced.

Initially her employers were adamant that she was not entitled to the NMW, arguing that she was working from home and was simply 'on call'. The Low Pay Unit argued that the Regulations did cover telephonists operating from home. They were backed in this analysis by the Department of Trade and Industry who are responsible for the NMW.

Yesterday, the homeworker was thrilled at discovering she had finally received the money she had earned:

"I'm extremely grateful and delighted with the successful outcome of my case, which is entirely due to the hard work and persistent effort of the Low Pay Unit, and then the Inland Revenue compliance team.

I was very impressed by their thorough attention to detail, whilst remaining completely impartial and fair to both employer and employee. All their efforts are very much appreciated."

Bharti Patel, Director of the Low Pay Unit commented:

"The Regulations were explicitly drafted to be inclusive and to exclude only those who are genuinely self employed. Homeworkers, part-timers and casual workers are all included. Our position on this case was vindicated by the support of the DTI and the Enforcement Agency. This case demonstrates that combined action by the voluntary sector and Government departments can ensure that workers who are entitled to the National Minimum Wage do receive it."

For further information, call Bharti Patel, Director, or Jeff Masters, Employment Rights Officer, on 0171 713 7616.