The Employment Appeal Tribunal has upheld an employment tribunal decision that an employee who was allowed to sleep for much of his shift, but had to deal with anything untoward that might arise, was entitled to be paid the national minimum wage for the whole shift.
In James v Redcats (Brands) Ltd [2007] IRLR 296 EAT, the Employment Appeal Tribunal (EAT) has given guidance on the definition of a worker under the national minimum wage legislation.
In Leisure Employment Services Ltd v Commissioners for Her Majesty's Revenue and Customs [2007] IRLR 450 CA, the Court of Appeal has held that sums deducted from the pay of workers living in employer-provided accommodation to offset the cost of utility bills can not be counted as part of their wages for the purposes of establishing if they are receiving the minimum wage.
In Anderson v Jarvis Hotels EATS/0062/05, the Employment Appeal Tribunal (EAT) has held that an employee was contractually entitled to be paid for periods when he was required to sleep on the employer's premises, even though he rarely had to carry out any work during these periods.
In MacCartney v Oversley House Management, the EAT the Employment Appeal Tribunal holds that an employee who was required to remain on call at or close to her place of work was 'working' even if her employer provided her with a home at her place of work.
The materials and information included in the XpertHR service are provided for reference purposes only. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Use of the service is subject to our terms and conditions.