Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad [2018]

Posted In: Case Law
  • Case Reference
    EWCA Civ 1641
  • Legal Body
    England and Wales Court of Appeal (EWCA)
  • Type of Claim / Jurisdiction
    Working Time, Pay
Issues covered: Working Time; National Minimum Wage; NMW; Sleepovers

Lord Justice Underhill began the judgment in this case by noting that, “It is very common in the care sector for workers to agree to “sleep in” overnight [in case] assistance is required in the night”.

The Court of Appeal here had to decide whether the time carers spent on the premises when sleeping must be taken into account when calculating an employer's obligations under the National Minimum Wage (NMW) Regulations.

The Court of Appeal held that, based on the facts at hand, such workers should be considered as ‘available for work’ rather than ‘actually working’. It made it clear that the only time that counts for NMW purposes is time when the worker is required to be awake for the purposes

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This article is correct at 18/07/2018

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

The main content of this article was provided by John Taggart BL.

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