Employment Law Update: National Minimum Wage and on-call hours

19 July 2018

Last week, the Court of Appeal handed down their decision in the case of Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersand [2018] EWCA Civ 1641, concluding that workers who sleep in overnight are only entitled to be paid for the hours that they are required to be awake to carry out work.

The case applies to those workers who are contractually obliged to spend the night at or near their workplace, and are expected to sleep during that time, but may be woken to carry out work if required.

It is possible that the decision could be appealed to the Supreme Court, and Unison (who represented the Claimant) has said that it is considering doing so; in which case, this will not be the end of the matter.

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