Only employees present on the premises at the same time can be included in calculating the number of people employed (Osborne v Bill Taylor of Huyton Ltd [1982] ICR 168). This case examined the terms “undertaking” and “for the time being” and involved a chain of 31 betting shops where a prosecution was served on one of the premises. The court said that whether there was a single undertaking being carried on in 31 separate places or 31 separate undertakings was a matter of fact and degree. It also ruled that “for the time being” means “at any one time” and therefore occasional relief workers were not to be included.