EAT NATIONAL MINIMUM WAGE
The Employment Judge erred in law in his approach to the question whether the Claimant was engaged in time work while she was employed overnight as a Sleep-in Assistant. In particular he (1) did not take the terms of the contract as his starting point – he did not make any satisfactory determination of what those terms were, or how they were operated in practice; and (2) proceeded largely by analogy with a decided case, rather than making findings of fact and assessing his findings as a whole. Focus Care Agency Ltd v Roberts [2017] IRLR 588 applied.
Judges:
David Richardson HHJ
Citations:
[2017] UKEAT 0256 – 16 – 2807
Links:
Jurisdiction:
England and Wales
Employment
Updated: 30 March 2022; Ref: scu.594998