Shannon v Rampersad & Anor (t/a Clifton House Residential Home) [2015]

Posted In: Case Law
  • Case Reference
    UKEAT 0050_15_2409
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Working Time
Issues covered: On-call; Holiday Pay

An on-call night worker was not entitled to the National Minimum Wage for all hours of the night shift; only those when he was working. Nor was he entitled to accrued holiday pay for earlier years when he was not prevented from taking, but did not ask for, leave.

Working time seems to be the topic du jour and this one regarding holiday credits and the application of NMW levels whilst sleeping at the place of work is very fact-sensitive. 

The Claimant was provided with free accommodation in the Studio with all utilities provided free of charge, together with a payment of £50 per week, rising eventually to £90 per week. In practice he was very rarely asked to assist the night care worker,

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This article is correct at 09/10/2015

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