EAT NATIONAL MINIMUM WAGE
Temporary pub manager required to sleep on premises – Claim that hours in question should be taken into account in assessing whether she had been paid the national minimum wage – Tribunal, approaching the issue by reference to the definition of ‘working time’ in Working Time Regulations 1998, held that they should not.
Held, dismissing appeal:
(1) The Tribunal had been wrong to refer to the Working Time Regulations. The issue should have been determined exclusively by reference to the relevant provisions of the National Minimum Wage Regulations 1999.
But:
(2) On the Tribunal’s findings of fact it was clear that the Claimant was not working during the periods in question; and that, even if she fell within the terms of reg. 15 (1) or 16 (1) of the Regulations on the basis that she was required to sleep at the premises in order to be available for work, the case fell within the exception provided by reg. 15 (1A) or 16 (1A) – Burrow Down Support Services Ltd v Rossiter [2008] ICR 1172 and South Manchester Abbeyfield v Hopkins [2011] ICR 254 considered.
Judges:
Underhill P J
Citations:
[2011] UKEAT 0102 – 11 – 1407, [2012] ICR 43
Links:
Statutes:
Jurisdiction:
England and Wales
Employment
Updated: 19 September 2022; Ref: scu.443572