header-logo header-logo

Golden slumbers?

10 October 2014 / Tom Walker
Issue: 7625 / Categories: Features , Employment
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Law students and graduates can now apply to qualify as solicitors and barristers with the Crown Prosecution Service (CPS)
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
Peter Kandler’s honorary KC marks long-overdue recognition of a man who helped prise open a closed legal world. In NLJ this week, Roger Smith, columnist and former director of JUSTICE, traces how Kandler founded the UK’s first law centre in 1970, challenging a profession that was largely seen as 'fixers for the rich and apologists for criminals'
back-to-top-scroll