Scottbridge Construction Ltd v. Wright [2002] ScotCS 285 (25 October 2002)

Scottbridge Construction Ltd v. Wright [2002] ScotCS 285 (25 October 2002)

Where a worker is contractually required to be present at the employer's premises for a set period, the whole period constitutes 'time work' for minimum wage purposes, even if the worker is permitted to sleep during some of that time, unless there is a specific arrangement falling within Regulation 15(1).

Citation
[2002] ScotCS 285
Parties
Appellant: Scottbridge Construction Limited; Respondent: James Wright
Jurisdiction
Scotland
Judgment Date
25 October 2002
Procedural Posture
Appeal Under the Employment Tribunals Act 1996, Section 37(1) / Appeal From Employment Appeal Tribunal to Court of Session
Outcome
appeal dismissed; Employment Appeal Tribunal decision affirmed
Legal Topics
National Minimum Wage, Working Time, Employment Contracts, Night Work
Employment Law Labour Law National Minimum Wage Working Time Employment Contracts Night Work

Case Brief

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Parties

Scottbridge Construction Limited

Appellant

James Wright

Respondent

Procedural Posture

Appeal Under the Employment Tribunals Act 1996, Section 37(1) / Appeal From Employment Appeal Tribunal to Court of Session

Legal Issues

  1. 1 Whether the entire period of attendance (including permitted sleep) constitutes 'time work' for the purposes of the National Minimum Wage Regulations 1999 for a night watchman required to be present on premises.
  2. 2 Whether Regulation 15(1) of the National Minimum Wage Regulations 1999 applies to the respondent's employment circumstances.

Ratio Decidendi

Where a worker is contractually required to be present at the employer's premises for a set period, the whole period constitutes 'time work' for minimum wage purposes, even if the worker is permitted to sleep during some of that time, unless there is a specific arrangement falling within Regulation 15(1).

Court Disposition

appeal dismissed; Employment Appeal Tribunal decision affirmed

Orders

  • The appeal by Scottbridge Construction Limited is refused.
  • The decision of the Employment Appeal Tribunal is affirmed.