The Employment Appeal Tribunal (EAT) has ruled on the case of Frudd v Partington Group, with implications for "time work" and the National Minimum Wage (NMW).
The claimants, who worked at a caravan site, were expected to be on call after their shifts, which finished between 4.30pm and 8pm, until 8am the following morning. They argued that they were working on time work while on call and therefore entitled to be paid the NMW. The EAT upheld the original Employment Tribunal's finding that between the end of their shift and 10pm they were working on time work because their responsibilities included showing round prospective customers and welcoming late arrivals. Therefore, they were indeed entitled to be paid the NMW for that period.
However, the claimants were not required to carry out the work after 10pm, unless they were called, therefore, after 10pm, they were not working on time work unless called out and so not entitled to be paid while on call.
