Hourly-paid workers — time work


Under the NMWR 15, hourly-paid workers do “time work”. In other words, their pay is calculated by reference to the number of hours they work (regulation 31, NMWR 15). Hourly-paid workers must be paid at least the NMW for all the hours they are contracted to work. 


There is no right to pay for rest breaks under the NMWR (regulation 10(h)(i), NMWR 15). Some workers have a separate contractual right to paid rest breaks. 


An hourly-paid worker is also entitled to be paid the national minimum wage for all the time spent training during working hours (regulation 33, NMWR 15).


Time work includes all the time when a worker is required by the employer to remain available at or near the workplace (other than at their home) for the purpose of doing work (regulation 32, NMWR 15). Workers must be paid at least the NMW for all these hours. It does not matter whether the time is described as “on call” , “standby” or “downtime”. Advice from Acas reminds employers that “it is against the law to ask employees to clock off during quiet times but still remain on the premises”. There are special rules for time spent sleeping, explained below.