EAT National Minimum Wage – The Appellant, a care worker in a residential home, was required on occasion to ‘sleep in’ at the home, in return for a flat-rate payment (‘the sleep-in payment’) which equated to an hourly payment of andpound;2.70. It was conceded by the employer that his time doing so was ‘time work’ within the meaning of the National Minimum Wage Regulations 1999 and accordingly fell to be taken into account in calculating whether the national minimum wage had been paid. The Appellant argued, however that the sleep-in payment fell to be excluded because it constituted an ‘allowance’: see reg. 31 (1) (d).
Held: (by a majority) that the sleep-in payment was not an allowance within the meaning of the Regulations (Burrow Down [2008] ICR 1172 referred to) and accordingly ought to be taken into account. (However, if the payment had been an allowance it would not have been ‘attributable to the performance of the worker in carrying out his work’ so as to fall within the words of exclusion in reg. 31 (1) (d) – Bellfield (UKEAT/0194/00) followed.)
Citations:
[2009] UKEAT 0176 – 09 – 2406
Links:
Employment
Updated: 28 July 2022; Ref: scu.347190