The sleepworking conundrum

26th November 2015

The sleepworking conundrum

Tired Working

Is a worker working when they’re on-call but not… working?

Mr Shannon was an on-call night care assistant. It meant that he had to be present in the care home (which, significantly, was also his home) throughout the night to help the designated night care assistant. In reality, help was rarely needed.

Did all those nighttime hours constitute working hours, even though he slept during them? The tribunal held that he was only working when he was called on to help the care worker. As he was already being paid the National Minimum Wage for those times, he lost this aspect of his claim. The Employment Appeal Tribunal upheld that decision.

It’s important to remember, then, that just because a worker is at their place of work, it doesn’t mean that they are ‘working’. The usual rule is that if someone is available at or near work to do salaried work and is required to be available for work, then those are working hours. But, as this case has highlighted, it’s different where the worker is spending time at home. Then they’ll only be working when they are “awake for the purpose of working”.

It can be a difficult legal area to navigate and, as it’s so fact-specific, there’s plenty of scope for argument.

How can our employment solicitors help you

Shannon v Rampersad (T/A Clifton House Residential Home)

Blog Posts

Is your fulfilment business under threat?

07/08/2017

The Fulfilment House Due Diligence Scheme - the new weapon in the war on…

Read More
Upcoming Events

Gotelee Coffee Morning, Melton

12/10/2017

Join us again for another coffee morning, this time at our Melton office -…

Read More
News Posts

One in five trauma patients is injured on the road, data reveals

21/11/2017

One in every five patients admitted to the east of England's major trauma care…

Read More

Testimonials

"Pat Smith's efficient, calm, most capable, helpful and friendly manner."

- AG

"The patience and understanding from a sincere Miss Holland."

- AD

"Prompt, efficient and knowledgeable service"

- KB

"Clarity, plenty of information provided and responses in a timely manner"

- AG

"Mrs Tracey Hammond is very professional and helpful, efficient and very friendly"

- KS

"Judy Barfoot's approachable and knowledgeable professionalism was second to none"

- CM & SM

"Ms Stuart's friendly but direct approach. I always felt understood"

- JR

"Very flexible and accommodating, very positive & clearly explained my options"

- SD

"Friendly and approachable - using language I could understand"

- CV

"Efficient, polite, friendly service with very helpful advice"

- JA

Please select preferred method of contact

* We will only contact you by telephone if you select this as primary form of contact.