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 work’
Held: It was important to look at the actual average hours worked, and the pay reference period, and the amount of pay. There was an agreement as to the amount of work done, and therefore the pay calculation was made by reference to that agreement. The fact that a finding that the worker was engaged in ‘time work’ would lead to her being priced out of work, was not a relevant consideration.
EAT National Minimum Wage –
Judges:
The Honourable Mr Justice Holland
Citations:
Times 10-May-2002, EAT/731/01
Statutes:
National Minimum Wage Regulations 1999 (1999 No 584) 3(a) 6
Citing:
Distinguished – James Wright v Scottbridge Construction Ltd EAT 27-Mar-2001
EAT Contract of Employment – Breach of Contract . .
Distinguished – The British Nursing Assocation v The Inland Revenue National Minimum Wage Compliance Team EAT 8-Jun-2001
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 . .
Cited by:
Appeal from – 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: 28 April 2022; Ref: scu.171292
