Working Time and Sleep

The EAT has handed down a detailed judgement in three related cases deciding whether ‘sleep in’ time counted as ‘time work’ for the purposes of the National Minimum Wage legislation.

However, employers looking for clear guidance may be disappointed as the EAT made it clear that such cases will turn on their facts.

The EAT said that four factors are potentially relevant— (1) the purpose in engaging the worker; (2) the extent to which the worker was at the disposal of the employer; (3) the worker’s degree of responsibility; and (4) The immediacy with which the worker may have to work (i.e. in an emergency).

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