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  • Do they also serve who only sleep?

    Employment Tribunal

    Employment Appeals Tribunal

    Yes (sometimes), said the EAT in the UK Employment Appeals Tribunal case of Whittlestone v BJP Home Support Ltd.

    Mrs Whittlestone was a care worker. She was paid £6.35 per hour for time spent attending to clients at their homes, but nothing for travel time. She also undertook “sleepovers”, when she was required to be present at a client’s home from 11pm to 7am, and for which she was paid £40. She was provided with a bed, and permitted to sleep except when her services were actually required. It was common ground that she was doing “time work” for the purposes of Regulation 3 of the National Minimum Wage Regulations 1999.

    Mrs Whitlestone was held to be entitled to the National Minimum Wage  throughout the time she was required to be present, irrespective of whether she performed any tasks. She was also entitled to the National Minimum Wage for her travel time between clients’ homes.