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

Sharpe Pritchard—Victoria Heald-Barraclough

Sharpe Pritchard—Victoria Heald-Barraclough

Magic Circle hire strengthens Sharpe Pritchard’s infrastructure finance capability

Lewis Silkin—Iskander Fernandez

Lewis Silkin—Iskander Fernandez

Lewis Silkin adds corporate crime specialist to growing dispute resolution team

Morr & Co—Michael Charalambous

Morr & Co—Michael Charalambous

Morr Co strengthens private client team with partner appointment

NEWS
Should every solicitor found to have acted dishonestly face automatic striking off? The answer, argues John Gould, chair of Russell-Cooke LLP in NLJ this week, is no 
Winning an arbitral award against a state is one thing; enforcing it is another
Can government success in court tell us whether the rule of law is healthy? 
Poorly drafted dispute resolution clauses can trigger litigation before the real dispute is even addressed
As cryptocurrency becomes mainstream, family lawyers are increasingly confronting the challenges it creates on divorce
back-to-top-scroll