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