Where a worker is provided with sleeping accommodation at the workplace – while they are on-call - the worker is entitled to be paid the national minimum wage (NMW) for the hours they are awake for the purpose of working: South Manchester Abbeyfield Society Ltd v Hopkins [EAT/0079/10].
However, a worker (e.g. a night-watchman) who is working by being present at the workplace - is entitled to be paid the NMW for the total hours of the nightshift - regardless of whether or not they are provided with sleeping accommodation.
Comment: The Hopkins case is good NMW news for employers in sectors where on-call arrangements are common, e.g. the residential care sector.
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