Homeworkers

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).