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

Posted In: Case Law
  • Case Reference
    UKEAT/0217/12/DA
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Working Time and Leave, Pay and Conditions of Employment
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

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This article is correct at 16/05/2014
Disclaimer:

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.

John Taggart BL
Barrister

The main content of this article was provided by John Taggart BL. Contact telephone number is 07525 020288 or email jtaggart11@qub.ac.uk

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