Shannon v Rampersad & Anor (t/a Clifton House Residential Home)  UKEAT 0050_15_2409Posted In: Case Law
Case ReferenceUKEAT 0050_15_2409
Legal BodyEmployment Appeal Tribunal (UKEAT)
Type of Claim / JurisdictionWorking Time and Leave, Pay and Conditions of Employment, Leave & Absence
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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