The National Minimum Wage Regulations 2015

Work does not include work relating to family household

57.—(1) In these Regulations, “work” does not include any work done by a worker in relation to an employer’s family household if the requirements in paragraphs (2) or (3) are met.

(2) The requirements are all of the following—

(a) the worker is a member of the employer’s family;

(b) the worker resides in the family home of the employer;

(c) the worker shares in the tasks and activities of the family.

(3) The requirements are all of the following—

(a) the worker resides in the family home of the worker’s employer;

(b) the worker is not a member of that family, but is treated as such, in particular as regards to the provision of living accommodation and meals and the sharing of tasks and leisure activities;

(c) the worker is neither liable to any deduction, nor to make any payment to the employer, or any other person, as respects the provision of the living accommodation or meals;

(d) if the work had been done by a member of the employer’s family, it would not be treated as work or as performed under a worker’s contract because the requirements in paragraph (2) would be met.