National Minimum Wage
During the open season of the caravan park the Claimants (who were a warden/receptionist team) were on call from evening to morning on either two or three nights each week. The Employment Judge found that during the evening until 10.00pm, when they were on call but not paid, they were working on time work for the purposes of the National Minimum Wage legislation; and overnight from 10pm to 7am (when they were paid for call-outs) they were not working but merely available for work unless they were called out. He did not expressly address the period from 7am until 8am when once again the Claimants were on call but not paid. Some reasoning was required to deal with this period. Royal Mencap Society v Tomlinson-Blake [2018] IRLR 932 considered.
Otherwise the appeal was dismissed – the Employment Judge’s reasons were sufficient to deal with the on-call period during the close season when the caravan park was shut overnight.
Citations:
[2019] UKEAT 0240 – 18 – 1102
Links:
Jurisdiction:
England and Wales
Employment
Updated: 05 July 2022; Ref: scu.637641