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30 November 2010
Employment Appeal Tribunal
Reid J; Mr Chapman; Mr M Clancy
Time spent on-call in accommodation provided by the employer at a sheltered housing scheme was not working time for the purposes of the national minimum wage.
Housekeepers at sheltered accommodation worked fixed hours during the day and had to spend time on call, during which they were provided with private accommodation. They were made redundant and brought complaints of breach of contract, in that the employers had not paid the full minimum wage they would have been entitled to if all on-call hours counted for remuneration.
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