Time Spent Sleeping at Work – NMW

In the recent case of Shannon v Clifton House Residential the EAT decided the issue of whether an on-call night worker who lives at his place of work entitled to National Minimum Wage (NMW) for all hours worked during the night?

The EAT held that the worker was only entitled to NMW for the hours during which he was 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.In However, cases in this area are particularly fact-sensitive and mere presence does not itself necessarily entitle a worker to the NMW for all time worked.