Focus Care Agency Ltd and others v Roberts and others [2017]

The appeals in these three cases consider the proper approach to the question whether employees who sleep-in in order to carry out duties if required engage in “time work” for the full duration of the night shift or whether they are only entitled to the national minimum wage when they are awake and carrying out relevant duties. Although similar, the facts vary between the cases. One of the appeals succeeded and the other two were dismissed.

The EAT considered several previous judgements in this area of law and concluded that a multifactorial evaluation is required.  No single factor is determinative (including a requirement to sleep on the premises) and the relevance and weight of