Working Time: Recent Episodes
Real Employment Law Advice
If there is no requirement to undertake work, but merely to be available for work, would it be 'working time' for the purposes of the National Minimum Wage? In this episode of the podcast I cover a recent case decided by the Employment Appeal Tribunal which deals with employees who are 'on-call' with varying requirements on their time and whether they are entitled to the National Minimum Wage for the 'on-call' time. In this episode I will cover: * The recent case of Frudd v Partington Group Limited from the Employment Appeal Tribunal. * The facts of the case and how they differ to the Mencap case regarding sleep-ins. * The principles of the National Minimum Wage Regulations on the issue of 'working time'. * The key points to note if you have staff working 'on-call' shifts.
Action Points 1. If you have staff who work 'on-call' shifts for you then you should review how you are paying them. 2. Consider dividing the 'on-call' time up if the requirements upon them vary during that time. 3. Seek advice if you are unsure.
Useful Links Podcast Episode 104 covering the Royal Mencap Case Frudd v Partington Group Limited - 2019 - Employment Appeal Tribunal Royal Mencap Society v Blake - 2018 - Court of Appeal Please do leave any comments, ideas and best practice below. Please ensure that any comments are respectful to all views and opinions.
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
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Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh
HR Isle of Wight | HR Salisbury | HR Eastleigh
Do you have to pay the National Minimum Wage for time an employee is sleeping? In this episode of the podcast I cover the high profile case of Mencap v Tomlinson-Blake within which the Court of Appeal decided the question of whether employers have to pay the National Minimum Wage for every hour the employee is at work, including sleep-time. This case follows various cases on this issue which have led to confusion and uncertainty for employers, many of whom are involved in the care sector. In this episode I will cover: * Background to the National Minimum Wage Regulations. * Why there is a distinction between the rules for National Minimum Wage and Working Time Regulations. * Why this case provides much needed clarity on the issue. * The facts of the case.
Action Points 1. When taking on staff to do “sleep in shifts” or similar “on call” work, there is no longer a requirement to pay the minimum wage for hours spent actually sleeping.
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If you already pay sleep in workers the minimum wage for their entire shift, contact us for advice on whether you can stop such payments in the future.
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If you are unsure how this decision affects your business, please give us a call – 01983 897003 – 023 8098 2006 – 01722 653001 Useful Links Royal Mencap Society v Tomlinson-Blake [2018] EWCA Civ 1641
As part of our HR Harbour annual subscription service for employers we provide guidance and support with settlement discussions and documentation. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006
Sign up for our fortnightly newsletter for Employers & HR professionals Email Address *
First Name
Last Name
* indicates required I agree to submit my data for newsletters & marketing purposes. View our Privacy Policy.
Please do not worry I will not send you spam! We will also not pass on your details to anyone else and will comply with the terms of our Privacy Policy in handling your data.
The only data we will hold is your name and email address.
Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh
Will Working Time include time spent travelling from home to the first job of the day for mobile workers?
This weeks' episode of the podcast features the case of Federación de Servicios Privados del sindicato Comisiones Obreras v Tyco Integrated Security SL and another, a European Court of Justice case about what constitutes working time for the purposes of European law. In this episode I will cover: * What the case was about * Why the Union for the employees made the claim in the first place * Why it went to the European Court of Justice (ECJ) * What the Working Time Directive is and how it applies to UK law * What the Working Time Regulations are * What the decision of the European Court was * What it means for Employers * What you need to do now
HR Best Practice Tip The HR tip of the week is about getting the best from your staff, incentivising them and making them feel appreciated. A happy workforce = a productive one! Helpful Links Federación de Servicios Privados del sindicato Comisiones Obreras v Tyco Integrated Security SL and another Article on this case Would you like to be kept up to date with the latest news and best practice for employing people? Sign up to my newsletter and you will receive regular updates straight to your inbox .
Sign up now Email Address *
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Please do not worry I will not send you spam!
Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively I offer face to face appointments on the Isle of Wight, in Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.