Wray v JW Lees & Co (Brewers) Ltd - Requirement to sleep at place of work: Contrast of relevance to working time and minimum wage legislation [2011] EAT
When an employee is obliged to sleep on their employer's premises, nominally available to deal with emergencies, that time spent sleeping may count as "working time" for the purposes of a claim that the limits under the Working Time Regulations have been breached. However, unless the employee is actually awake and working, the time spent sleeping will not count as "work" for the purpose of calculating their hourly rate as against their entitlements under the National Minimum Wage Regulations.
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