Law at work 2021 - the trade union guide to employment law (July 2021)

Chapter 4

Homeworkers

[ch 4: pages 111-112]

Homeworkers are entitled to the NMW. Unusually, under section 35, NMWA 98, homeworkers need not provide a service “personally” to qualify for the NMW. “Homeworker”, in this context, means someone who contracts with a person, for the purposes of that person’s business, for work to be done in any place that is not under the control or management of that person.

A homeworker need not work “at home” to qualify for the NMW. Instead, they can work “from home”, for example, using their own vehicle to provide courier services (James v Redcats (Brands) Ltd [2007] ICR 1006).


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