The NMW and time on standby

Time work includes all the time when a worker is required by the employer to remain available at or near the workplace (other than the worker’s home) for the purpose of doing work (regulation 15(1) NMWR 99). Workers are entitled to at least the NMW for all these hours. It does not matter whether that 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”.