header-logo header-logo

02 October 2008
Issue: 7339 / Categories: Features , Employment
printer mail-detail

Sleeping on the job

Should workers be paid to sleep? David Regan reports

In the recent case of Burrow Down Support Services v Rossiter EAT/0592/07 the Employment Appeal Tribunal (EAT) has required payment of the minimum wage to “on call” workers able to sleep at work, despite the apparently express provision of the National Minimum Wage Regulations 1999 (SI 1999/584) to the contrary. The importation of European law may further widen the requirement to pay workers to sleep.

The Minimum Wage Regulations include deeming provisions which seem on their face to exempt employers from having to pay the minimum wage to workers sleeping in accommodation provided at work. However, the courts have applied a wide construction to the regulations, drawing on European law relating to the Working Time Regulations 1998 (SI 1998/1833). Workers permitted to sleep at work are increasingly being required to be paid the national minimum wage. The ramifications of this for residential and care homes, hotels, “on call” emergency workers, and possibly even homeworkers are significant.

Reg 15 of the Minimum Wage Regulations was amended in

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

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll