Mr France claimed the minimum wage applied to him from his employer, James Coombes & Co.
The House of Lords, by a majority, held that Mr France was not to be considered employed "all the time during which he was present" at the shop under TBA 1918 s 8, because in that time he was "so present for some purpose unconnected with his work and other than that of waiting for work to be given to him to perform."
My Lords, seeing that the presumed necessity for fixing any minimum wage rate at all in any particular trade is due to the apprehension on the part of the Minister that in its absence workmen in that trade may have imposed upon them wages which they ought not to be asked to accept, but which, either as a result of competition in the labour market or deficient bargaining power, they are not in a position to refuse, this answer of Mr. Bevan's may not, I think, be accepted as correct or adequate without very full consideration.
I proceed therefore to test its correctness by a consideration of the relevant provisions of the Acts and of the Boot and Shoe Repairing Trade Order with which your Lordships are now immediately concerned.
My Lords, in common with, I think, many similar enactments, these Acts do not require that any Order made under them shall bind the employer to find for his workers in general, if the worker is paid by the piece, work of any prescribed amount, or if he is paid on a time basis, work for any prescribed time.