Should workers be paid to sleep? David Regan reports
In the recent case of Burrow Down Support Services v Rossiter EAT/0592/07 the Employment Appeal Tribunal (EAT) has required payment of the minimum wage to “on call” workers able to sleep at work, despite the apparently express provision of the National Minimum Wage Regulations 1999 (SI 1999/584) to the contrary. The importation of European law may further widen the requirement to pay workers to sleep.
The Minimum Wage Regulations include deeming provisions which seem on their face to exempt employers from having to pay the minimum wage to workers sleeping in accommodation provided at work. However, the courts have applied a wide construction to the regulations, drawing on European law relating to the Working Time Regulations 1998 (SI 1998/1833). Workers permitted to sleep at work are increasingly being required to be paid the national minimum wage. The ramifications of this for residential and care homes, hotels, “on call” emergency workers, and possibly even homeworkers are significant.
Reg 15 of the Minimum Wage Regulations was amended in October 2000. It operates as a deeming provision, stating that
