Shannon v Rampersad & Anor (t/a Clifton House Residential Home) [2015] UKEAT 0050_15_2409

  • Case Reference
    UKEAT 0050_15_2409
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Working Time and Leave, Pay and Conditions of Employment, Leave & Absence
Issues covered: Sleepover duties; NMW; National Minimum Wage

In this GB case that will be of interest to employers in Ireland, particularly those employing staff who sleep on the premises, an on-call night worker was not entitled to the National Minimum Wage (NMW) for all hours of the night shift; only those when he was working. Nor was he entitled to accrued holiday pay for earlier years when he was not prevented from taking, but did not ask for, annual leave.

Working time seems to be the topic de jour and this one regarding holiday credits and the application of NMW levels whilst sleeping at the place of work is very fact-sensitive. 

The Claimant

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This article is correct at 27/11/2015
Disclaimer:

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.

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