The NMW and time on standby

Time spent at or near the premises at the disposal of the employer must be paid at the National Minimum Wage. This is the case whether that time is described as “on call”, “standby” or “downtime”. This is made clear in the judgment of the EAT in Whittlestone v BJP Home Support Limited [2013] UKEAT 0128/13/1907. 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”.