Frudd and another v The Partington Group Ltd [2019]

Posted In: Case Law
  • Decision Number
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Working Time, Pay
Issues covered: National Minimum Wage; NMW; On-Call Duties

The Claimants, who are husband and wife, were employed at a caravan site as a warden/receptionist team. Alongside two other such teams they worked ‘on call’ from evening until morning. They argued that the whole period of time spent on call should be considered ‘time work’ for the purposes of the national minimum wage (NMW) legislation.

The EAT divided the on-call periods into three – evening, night and early morning. The EAT agreed with the lower tribunal that between the end of their shift and 10pm, the claimants were completing ‘time work’ as their responsibilities included showing prospective customers around the site and giving keys to visitors. Therefore, they were entitled to be paid

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This article is correct at 25/04/2019

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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