• In this case the claimant lived and worked at a residential home and was not entitled to the minimum wage whilst sleeping.

    During the night the claimant was on call, but another employee was also on duty and the claimant was rarely called upon to provide the other worker with assistance.

    Based on the facts of the case, the Employment Appeal Tribunal decided that he was not entitled to be paid for the time when he was in his own accommodation.

    In the case of Shannon v Clifton House Residential an employee who stayed on site was only entitled to the National Minimum Wage for time when he was awake and working.

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