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http://www.employmentappeals.gov.uk/...79rjfhSBZT.doc (word doc)
SOUTH MANCHESTER ABBEYFIELD SOCIETY LTD
(1) MS P HOPKINS (2) MRS M WOODWORTH
November 30th 2010
The Appellant employed the Respondents as respectively deputy housekeeper and housekeeper at the Appellant’s sheltered accommodation. The housekeeper worked 37.5 hours per week (08.30 to 14.00 and 16.00 to 18.00 Monday to Thursday) but she was required to be on call in the flat provided to her from 21.00 to 08.00 each day she worked. The deputy housekeeper worked 08.30 to 14.00 and 16.00 to 18.00 on Friday and Saturday but was required to be on (with a room provided for her) from 21.00 Thursday to 08.30 Friday and 21.00 Friday to 08.30 Saturday. They claimed that the hours they were on call were hours during which they were “at work” and so they were entitled to be paid for those on call hours at least at the rate of the national minimum wage. The ET so held. Its award to the Second respondent was “£25,000 net.” On appeal it was held that by virtue of Reg 15(1A) of the National Minimum Wage Regulations they were only entitled to be paid for those on call hours when they were awake for the purpose of working. In any event the ET did not have jurisdiction to make an award of “£25,000 net” ie £25,000 plus tax and NI contributions. Its total jurisdiction was limited to £25,000.
SOUTH MANCHESTER ABBEYFIELD SOCIETY LTD
(1) MS P HOPKINS (2) MRS M WOODWORTH
November 30th 2010
The Appellant employed the Respondents as respectively deputy housekeeper and housekeeper at the Appellant’s sheltered accommodation. The housekeeper worked 37.5 hours per week (08.30 to 14.00 and 16.00 to 18.00 Monday to Thursday) but she was required to be on call in the flat provided to her from 21.00 to 08.00 each day she worked. The deputy housekeeper worked 08.30 to 14.00 and 16.00 to 18.00 on Friday and Saturday but was required to be on (with a room provided for her) from 21.00 Thursday to 08.30 Friday and 21.00 Friday to 08.30 Saturday. They claimed that the hours they were on call were hours during which they were “at work” and so they were entitled to be paid for those on call hours at least at the rate of the national minimum wage. The ET so held. Its award to the Second respondent was “£25,000 net.” On appeal it was held that by virtue of Reg 15(1A) of the National Minimum Wage Regulations they were only entitled to be paid for those on call hours when they were awake for the purpose of working. In any event the ET did not have jurisdiction to make an award of “£25,000 net” ie £25,000 plus tax and NI contributions. Its total jurisdiction was limited to £25,000.
