Frudd and another v The Partington Group Ltd UKEAT/0240/18/OO

Appeal against the ET’s decision regarding the Claimants’ complaints that they had not been paid the national minimum wage. Appeal allowed in part.

The Claimants, who are husband and wife, were employed as a warden/receptionist team at a caravan site owned and run by the Respondent. They worked shifts, alongside two other such teams, and were required to be "on call", two or three days a week, around their working hours. The Claimants sought a finding that the whole of the time when they were on call was time work for the purposes of the national minimum wage legislation. The on call periods were effectively divided into three – evening, night and early morning – and different arrangements applied in the closed season. The ET gave its findings on the various periods, but (1) it made no express findings about the early morning period, and (2) it found that the Claimants did not do time work on call at all in the closed season. The Claimants appealed in these two respects.

The EAT held that there was no error of law or insufficiency so far as the closed season point was concerned, but that the case would be remitted to the same ET for reconsideration of the early morning period in the open season.

Published: 23/04/2019 10:13

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