Posted by Natalie Birrell (PR Consultant),
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Yet another case has been decided on what constitutes working time for the purposes of the National Minimum Wage where someone is on night duty.
In Shannon v Clifton House Residential the EAT decided that the individual was only entitled to the National Minimum Wage for the hours during which he was awake and working. The Claimant in this case was an on-call night worker who lived at his place of work (the residential home) and the question was whether he was entitled to the National Minimum Wage for all hours of the night or only those when he was actually called upon to work. The EAT considered that he fell within the exception under regulation 16 (1A) of the National Minimum Wage Regulations because he lived in the home where he was employed and the time in question was time he was entitled to spend at home; and that the Tribunal had been correct to take account of the fact that there was another night worker on duty and that in practice he was only rarely called upon.
This entire area is very fact sensitive, but it does indicate that mere presence does not, of itself, necessarily entitle a worker to the National Minimum Wage for the entirety of their shift.
This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.
For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222.
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