In the case of Baxter v Titan Aviation Limited Mr Baxter was paid the national minimum wage for his contracted hours as a driver for Titan Aviation. He drove clients going on holiday to their point of departure and was sometimes asked to stay overnight in a hotel or B&B in order to pick up passengers in the morning. He was paid a flat rate for the hours overnight , the ‘lay over’ periods. He claimed that the lay over hours were being paid below the national minimum wage rate. At the Employment Appeal Tribunal the judge held that the lay over hours were not working hours – Mr Baxter could do as he wished during those hours; he was not on call like a doctor or security guard for example. He did not have to be available for work and so was not entitled to the minimum wage for those hours.
Practical Tip: The National Minimum Wage regulations also state that hours spent travelling to a job are not subject to the National Minimum Wage as long as the worker is not working as he/she travels.
The National Minimum wage rates were increased on 1 October 2011 as follows:
- the main rate for workers aged 21 and over increased to £6.08
- the 18-20 rate increased to £4.98
- the 16-17 rate for workers above school leaving age but under 18 increased to £3.68
- the apprentice rate, for apprentices under 19 or 19 or over and in the first year of their apprenticeship increased to £2.60