In a recent case versus Frudd & Partington Group, the Employment Appeal Tribunal (EAT) discussed whether a warden or receptionist when on call from the evening to the morning were on “timed work” under the new National Minimum Wage (NMW) legislation?
The Claimants argued that as they were on-call after their shift had finished, which was anytime between 4:30pm to 8pm, until 8am the following morning that they were entitled to “timed work” and be paid NMW for those hours that they were on-call.
However, the EAT Judge’s agreed that from the time when their shifts ended and up until 10pm, they would be entitled to NMW as their responsibilities included showing prospective customers around the caravan site and welcoming late arrivals.
The Claimants, were therefore not allowed to claim for work carried after 10pm, unless they attended an emergency whilst they were on-call.
This was not the outcome in the Mencap vs Tomlinson-Blakecase were the EAT decided that the NMW should be paid as “work-time” for sleep-ins.
This is worth remembering if you have employees who are on-call and are not required to attend at work premises, that they do not necessarily have to be paid for being on-call. If you want to know more, please contact us on 01245 261883.