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

Posted In: Case Law
  • Case Reference
    UKEAT 0050_15_2409
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Working Time, Pay
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 was provided with free accommodation in the Studio flat with all utilities provided free of charge,

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This article is correct at 27/11/2015

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