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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

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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