The applicants appealed a finding that their employees were workers within the regulations. The question related to whether bank nurses, who were available to be called on the telephone at home during the night, were working as they waited. The words ‘on-call’ cold not be used simply. The Tribunal is to look at the ingredients of the particular case and the type of work involved, and the different elements to see if they can properly be described as work. A person awaiting calls, could not control the hour at which he might be called, and therefore had to restrict his activities to be available. The fact that pay was not related to the number of calls was also relevant. The Tribunal’s finding of fact was not to be disturbed. There is no general principle to apply to home work in defining whether or not a worker is working.
EAT National Minimum Wage
EAT National Minimum Wage –
Judges:
His Honour Judge Altman
Citations:
EAT/1387/00, (2001) IRLR 659
Statutes:
National Minimum Wage Regulations 1999 (1999 No 584) 15(1)
Jurisdiction:
England and Wales
Cited by:
Distinguished – J M Walton v The Independent Living Organisation Ltd EAT 21-Mar-2002
The applicant worked as a care assistant. She was required to be resident but worked shifts through the week. She appealed a finding that she was working ‘unmeasured time’ under regulation 6, asserting that it should have been judged to be ‘time . .
Appeal from – British Nursing Association v Inland Revenue (National Minimum Wage Compliance Team) CA 2002
The employers provided ‘bank nurses’ for nursing homes and other institutions on an emergency basis, including a 24 hour telephone booking service. At night employees were based at home. The ‘duty nurse’ would answered a diverted phone call and then . .
Cited – Walton v The Independent Living Organisation CA 26-Feb-2003
The worker was employed as a carer for a lady who would need support at unpredictable times, but on average she would need some 6 hours’ care a day. Whilst at work, the claimant would stay with her patient for a full 24 hour day, but, except when . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 12 April 2022; Ref: scu.168230