EAT WORKING TIME REGULATIONS
NATIONAL MINIMUM WAGE
National Minimum Wage. Sheltered Housing Residential Wardens provided with ‘tied accommodation’ rent and council tax free. Contracts provided for salaried hours work of 36 hours per week. In addition, required to be ‘on call’ at tied houses outwith normal working hours on four nights during the working week. Whether entitled to NMW for entirety of ‘on call’ (or only in respect of any hours when actually called on to work)? On appeal, judgment of Employment Tribunal that wardens in fact engaged on 71 hours salaried hours per week set aside; Tribunal had failed to recognise that this was an ‘on call’ case of the type identified in British Nursing Association v Inland Revenue [2002] EWCA Civ 494 and Scottbridge Construction Limited v Wright [2003] IRLR 21, that, accordingly, reg 16 of the National Minimum Wage Regulations 1999 applied and that, further, the circumstances were such that they came within the exception provided for in reg 16(1A).
Judges:
Lady Smith
Citations:
[2012] UKEAT 0048 – 11 – 2003
Links:
Jurisdiction:
England and Wales
Employment
Updated: 31 October 2022; Ref: scu.459912