Esparon T/A Middle West Residential Care Home v Slavikovska Posted In: Case Law
Legal BodyEmployment Appeal Tribunal (UKEAT)
Type of Claim / JurisdictionWorking Time and Leave, Pay and Conditions of Employment
The EAT has ruled that a care worker at the Respondent's residential care home who was required to work a number of ‘sleep-in’ night shifts and be available for emergency purposes was working for the purposes of the NMW even whilst sleeping. The employee in question was paid a set amount (£20-25 per sleep-in duty shift) that was below that which she should have received had all the hours attracted the NMW Regulations apply in care homes, requiring them to have qualified staff available at all times.
This was a key element in deciding whether sleeping could be regarded at 'work': "An
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from Maxine Orr, Partner at Worthingtons Solicitors
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.