Esparon T/A Middle West Residential Care Home v Slavikovska [2014]

Posted In: Case Law
  • Case Reference
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Working Time, Pay
Issues covered: National Minimum Wage Regulations (NMW); at work; sleeping

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 important consideration in determining whether an employee is carrying out time work by reason of

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This article is correct at 16/05/2014

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John Taggart BL

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