An example payslip depicting typical salary deductions

When is on-call time ‘working’ time for the purposes of the National Minimum Wage?

If there is no requirement to undertake work, but merely to be available for work, would it be ‘working time’ for the purposes of the National Minimum Wage?

In this episode of the podcast I cover a recent case decided by the Employment Appeal Tribunal which deals with employees who are ‘on-call’ with varying requirements on their time and whether they are entitled to the National Minimum Wage for the ‘on-call’ time.  

In this episode I will cover:

  • The recent case of Frudd v Partington Group Limited from the Employment Appeal Tribunal.
  • The facts of the case and how they differ to the Mencap case regarding sleep-ins.
  • The principles of the National Minimum Wage Regulations on the issue of ‘working time’.
  • The key points to note if you have staff working ‘on-call’ shifts.

Action Points

  1. If you have staff who work ‘on-call’ shifts for you then you should review how you are paying them.
  2. Consider dividing the ‘on-call’ time up if the requirements upon them vary during that time.
  3. Seek advice if you are unsure.

Useful Links

Podcast Episode 104 covering the Royal Mencap Case

Frudd v Partington Group Limited – 2019 – Employment Appeal Tribunal

Royal Mencap Society v Blake – 2018 – Court of Appeal 

Please do leave any comments, ideas and best practice below. Please ensure that any comments are respectful to all views and opinions.

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The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

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