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National minimum wage: National minimum wage payable for all nightwatchman's hours

This report relates to 1 case(s)

In Wright v Scottbridge Construction Ltd [2001] IRLR 589, the EAT holds that a nightwatchman who was required to be on his employer's premises for 14 hours each night was entitled to be paid the national minimum wage in respect of all those hours even though, while required to respond to an alarm at any time, he only had to undertake specific tasks that took around four hours a night, and was permitted to sleep if he chose to when not carrying out those tasks. This was not a situation where the employee was entitled take time off to sleep during certain specified hours, and so reg. 15(1) (now amended) of the National Minimum Wage Regulations 1999, which provides that where a worker sleeps at or near a place of work, "time during the hours he is permitted to sleep shall only be treated as time work when the worker is awake for the purpose of working", did not apply.