Should sleep ins count as working hours?

PasturesNew

elsien wrote: »

There's a more recent Unison link which I can't post at the moment from Feb 13 which says that sleep in allowances are currently lawful pending a case trudging its way through the European Court.

This one? https://www.unison.org.uk/upload/sharepoint/Briefings%20and%20Circulars/Working%20Time%20Directive%20-%20On-call%20and%20Sleeping-in%20ver1.pdf

Similarly, in Hughes v Graham and another t/a Graylyns Residential Home [2008] a part-time care assistant paid for eight hours a week was also required to be on-call between 9pm and 8am seven days a week to assist with any incidents at the residential home. The EAT ruled that the care assistant was entitled to be regarded as working when she was on-call, regardless of whether or not she was called out during this time.

ohreally

p00hsticks wrote: »

No, it won't be classified as work unless and until you actually have to get up and do something - you are effectively 'on call' until then, not actively working.

What's your authority for this?

ohreally

In the Whitleston case, the EAT judge ruled...

where a person’s presence at a place of work
is part of their work, the hours spent there, irrespective of the level of
activity, are classed as time work. Therefore, as Mrs Whittlestone was
required by her contract to be present at the service user’s home
throughout the night, and would have been disciplined if she left at any
point, she was undertaking ‘work’ and was entitled to the NWM

http://www.bailii.org/uk/cases/UKEAT/2013/0128_13_1907.html

Denning.

My understanding was that sleep in hours can't bring your pay below NMW when taking into account.

ohreally

https://www.unison.org.uk/upload/sharepoint/Briefings%20and%20Circulars/Working%20Time%20Directive%20-%20On-call%20and%20Sleeping-in%20ver1.pdf

Bigbobby

So that Whitlestone case states that she would have been disciplined if she left the home. So in my case if i decided to wake up and leave the premises, go to the local pub, have 8 pints and go back to the home i would be sacked if caught. So by me staying on site "my place of work" and "irrespective of level of activity" i.e asleep then i should be entitled to NMW?

Bigbobby

I suppose to some extent I am still having to comply with policies and procedures even though I am asleep. First of all staying on site of course. I am also tee total but take alcohol as an example. Alcohol policy states that staff must not be under the influence at work. The fact i am complying with this rather than just passing out bed means i am still in "work mode" complying with policies and procedures rather than just doing what i want.

jobbingmusician

Bigbobby wrote: »

I suppose to some extent I am still having to comply with policies and procedures even though I am asleep. First of all staying on site of course. I am also tee total but take alcohol as an example. Alcohol policy states that staff must not be under the influence at work. The fact i am complying with this rather than just passing out bed means i am still in "work mode" complying with policies and procedures rather than just doing what i want.

I don't see how this argument is relevant. You would also have to abstain from alcohol if at home and on call, and we have already established clearly that being on call does not have to be paid at NMW unless you are called out.