Working Time


The question of whether workers are entitled to the national minimum wage when ‘on-call’, or sleeping, at work has been answered by the EAT as essentially it depends.


In three cases heard at the same time (with the lead case being Focus Care Agency v Roberts), the EAT considered whether three tribunals had correctly decided whether ‘sleep-in’ time counted as ‘time work’ for the purpose of the National Minimum Wage Regulations. Although conscious of the importance of this issue for employers and employees, the EAT was unable to give a straight ‘yes’ or ‘no’ answer.


It held, a multi-factorial approach is required, giving considerable weight to the facts of any individual case and thus considerable leeway to an individual employment tribunal to decide.


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