EAT NATIONAL MINIMUM WAGE
The Employment Tribunal held that an employee who worked as a night watchman and could sleep for much of his shift on facilities provided for that purpose was entitled to the national minimum wage for each hour of the shift. In so doing they followed the authorities of British Nursing Association v Inland Revenue [2002] IRLR 480 (CA), and Scottbridge Construction Ltd v Wright [2003] IRLR 21 (Inner House of the Court of Session). The employers contended that these cases were based on the un-amended version of regulation 15 of the National Minimum Wage Regulations 1999 and that the amended version, applicable in this case, fundamentally altered the law.
The EAT rejected this argument and dismissed the appeal. It also dismissed a cross appeal by the employee.
Citations:
[2008] UKEAT 0592 – 07 – 2506
Links:
Employment
Updated: 17 July 2022; Ref: scu.270389