The EAT has provided authority for the proposition that time spent sleeping overnight by a pub manager does not count when considering the issue of minimum wage.
- The tribunal had erred in taking into account the Working Time Regulations, which play no part in a national minimum wage claim, which is instead covered by the National Minimum Wage Regulations 1999.
- A key factor was that the manager in this case had no duties overnight, unlike a night watchman or a night sleeper in a residential home who has responsibilities throughout the night.
- Dealing with an attempted break-in or a fire was not considered to be sufficient duties to push the manager within the 'working' category of the regulations.
Key point: Employees sleeping overnight in work premises need careful consideration. Depending on duties undertaken, both the National Minimum Wage and the Working Time Regulations should be considered.