MICHAEL DAWSON AGAINST CARR GOMM [2016] ScotSC 1 (02 November 2016)

The pursuer was required to remain at the workplace and be available to provide support throughout the designated break periods, making these periods 'working time' under the contract and entitling him to payment at least at the national minimum wage rate.

Citation: [2016] SC DUN 71
Parties: Pursuer: Michael Dawson; Defender: Carr Gomm
Jurisdiction: Scotland
Judgment Date: 02 November 2016
Procedural Posture: Small Claim / Judgment After Proof
Outcome: Decree granted for the pursuer for payment of £338.13 and expenses as a party litigant, not to exceed £150.
Legal Topics: Working Time, On Call Work, Minimum Wage, Employment Contracts, Break Entitlements

Employment Law Contract Law Working Time On Call Work Minimum Wage Employment Contracts Break Entitlements

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Parties

Michael Dawson

Pursuer

Carr Gomm

Defender

Procedural Posture

Small Claim / Judgment After Proof

Legal Issues

1 Whether the pursuer was entitled to payment for half-hour periods designated as unpaid breaks during which he was required to remain on the premises and be available to provide support
2 Whether such periods constituted 'working time' under the contract

Ratio Decidendi

Court Disposition

Decree granted for the pursuer for payment of £338.13 and expenses as a party litigant, not to exceed £150.

Orders

Defender to pay pursuer £338.13.
Defender to pay pursuer's expenses as assessed, not to exceed £150.