Frudd v Partington Group UKEAT/0240/18

Facts

The claimants worked at a caravan site and were expected to be on call after their shifts ended (between 4.30pm and 8pm) until 8am the following morning. They argued that while they were on call they were working on "time work" and therefore entitled to the national minimum wage (NMW).

Decision

The Employment Appeal Tribunal held that between the end of their shift and 10pm they were working on time work because they had to show round prospective customers and welcome late arrivals. They were entitled to receive the NMW for that period. However, they were not required to carry out that work after 10pm unless there was an emergency (in which case they were paid). This meant that they were not working on time work after 10pm unless they were called out and were not entitled to be paid while they were on call.

There have been a number of cases in this area recently and the law is continuing to develop. In a similar case (Royal Mencap Society v Tomlinson-Blake), the Court of Appeal held last year that carers who slept-in in order to carry out duties if required were available for work but not working during their sleep-in shift. They were therefore only entitled to the NMW when awake for the purposes of working. This decision is being appealed to the Supreme Court, which will hear the appeal on 12 and 13 February 2020, so we may have further guidance when the judgment is available.