Question: I run a holiday complex and my staff work various shifts, the last one of the day finishing at 8pm. After their official finish time the staff remain “on-call” until 8am the following morning to welcome any late arrivals etc. Usually they don’t need to do anything between 8 pm and 8 am and therefore do I need to pay them at least the NMW right through to 8am?
Answer: In a recent case the Employment Appeal Tribunal decided that staff should be paid at least NMW until 10 pm and after that time unless they were called out to deal with an emergency, they were not entitled to be paid whilst merely being on-call. Therefore, as long as your staff are not required to “sleep in” you do not need to pay them for simply being on call.
If you would like further information on NMW please do not hesitate to contact the team at Sekoya.
