Time when Sleeping

Thanks to Miranda de Savorgnani of Outer Temple Chambers for preparing this case summary

Is an on-call night worker who lives at his place of work entitled to National Minimum Wage (NMW) for all hours of the night?

No, held the EAT in Shannon v Clifton House Residential, he is only entitled to NMW for the hours during which he is awake and working.

The Claimant fell within the exception under Regulation 16(1A) of the National Minimum Wage Regulations 1999 because he lived in the residential home where he was employed, and the time in question was time he was entitled to spend at home.

The employment tribunal was entitled to take account of the fact that there was another night worker on duty and that in practice the Claimant was rarely called upon.

The decided cases in this particularly fact-sensitive area demonstrate that mere presence does not itself necessarily entitle a worker to the NMW for the whole shift.