The NMW and time spent on “standby”

In Whittlestone v BJP Home Support Limited [2013] UKEAT 0128/13/1907, the EAT makes clear that if a contract obliges a worker to place themselves at the disposal of the employer, so that they cannot work for anyone else and must attend at the workplace when called on, they should be paid the NMW for all the time spent at the employer’s disposal. This is the case whether that time is described as “on-call”, “standby” or “downtime”, and whether it is spent waiting at the employer’s premises or at home.

Acas has issued a reminder to employers that “it is against the law to ask employees to ‘clock off’ during quiet times but remain on the premises”.