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10 October 2014 / Tom Walker
Issue: 7625 / Categories: Features , Employment
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Golden slumbers?

Should employees be paid to sleep? Tom Walker reports

For several years a debate has been played out in the Employment Appeal Tribunal (EAT) and higher courts as to when an employer can avoid paying an employee who is allowed to sleep on the premises. Typically this has involved managers at care homes and security guards. Recent case law suggests that employers might need to wake up and smell the coffee.

Working while asleep? 

Case law in this area must be seen in the light of two purposive ECJ cases involving doctors, SIMAP [2000] IRLR 845, [2001] All ER (EC) 609 and Jaeger [2003] IRLR 804, [2003] All ER (D) 72 (Sep). In both cases doctors were allowed to sleep and carry out leisure activities but had to remain on the premises. The European Court held this was working time. The doctors were not free to be at a place of their choosing and had to be available for work if required.

However Regulation 15 of the National Minimum Wage Regulations 1999 allows an employer

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MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
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