Our staff regularly work "sleepovers", which may be included as working time for the purpose of the Organisation of Working Time Act. Is this therefore considered to be regular overtime and they should be entitled to holiday entitlement in respect of these overtime hours (necessity to do sleepovers is in contract of employment). What should this, if eligible, be paid at (NMW, hourly rate or pro-rata sleepover rate)?

The Organisation of Working Time Act, 1997 (the “Act”) provides statutory minimum entitlements for all employees to holidays and public holidays (except members of An Garda Síochana and Defence Forces).

Holiday entitlements are based on the number of hours worked by an employee in a leave year. The Act defines ‘working time’ as “any time that the employee is (a) at his or her place of work or at his or her employer’s disposal, and (b) carrying on or performing the activities or duties of his or her work.” Whether “sleepover” time constitutes working time depends on the nature of the arrangements, i.e. whether employees are effectively on call during these periods.

Recent case law suggests