Edmonds v Lawson QC [2000] EWCA Civ 69 is a UK labour law case regarding the National Minimum Wage Act 1998

National Minimum Wage Act 1998

The National Minimum Wage Act 1998 creates a minimum wage across the United Kingdom, currently £6.08 per hour for workers aged 21 years and older, £4.98 per hour for workers aged 18–20...

 and who is not included. It held that pupil barristers are not included for the purposes of the Act.

Facts

Rebecca Jane Edmonds was doing a criminal law pupillage with Michael Lawson QC’s chambers, 23 Essex Street. She did an English degree, then a law degree, and after her BVC won an unfunded pupillage, consisting of two sets of six months with different barristers at the chambers.

Sullivan J held that Miss Edmonds was a worker. The chambers appealed.

Judgment

Lord Bingham CJ, Pill LJ and Hale LJ held that the pupil was neither an apprentice nor a worker because of an absence of commitment to serve. He emphasised that at the end of the long procedure leading up to pupillage it would be surprising if there were no intention for a contract at all. The argument that there was no consideration, was better, but on balance pupils do provide consideration by agreeing to enter into a close, important and potentially very productive relationship. So there was a contract, but it was not argued that this was a contract of employment or service, but one of apprenticeship. As Blackburn J in The Parish of St Pancras Middlesex v The Parish of Clapham, Surrey (1860) 2 El & El 742, 754, ‘I have always thought that by ‘apprentice’ is meant one who gives his services in order to be taught.’ All the materials regarding the duties of pupillage imposed no duty to do anything not conducive to her own training and development. Because a pupil master could not withhold a practising certificate on any ground not directly related to the pupil’s training, and since, unlike an apprentice, a pupil in general received no payment, there was no contract of apprenticeship, or employment within NMWA 1998 s 54(2), and she was not a worker under s 54(3).

Significance

Subsequently the Bar Council agreed to regulate the wages of pupils, setting a minimum wage of £10,000 a year, which at the time matched the minimum wage. However this has not been increased with the rate of increase in the minimum wage, or inflation.