Whittlestone v BJP Home Support Ltd (National Minimum Wage) [2013] UKEAT 0128_13_1907 (19 July 2013)
The Claimant's sleepover hours and travelling time between assignments were 'time work' under the National Minimum Wage Regulations, and the deduction for alleged overpayment was unlawful as the Tribunal overlooked Employment Rights Act s.89.
- Citation
- [2013] UKEAT 0128_13_1907
- Parties
- Claimant: Mrs Whittlestone; Respondent: BJP Home Support Ltd
- Jurisdiction
- United Kingdom
- Judgment Date
- 19 July 2013
- Procedural Posture
- Employment Appeal / Appeal From Employment Tribunal
- Outcome
- Appeal allowed
- Legal Topics
- National Minimum Wage, Time Work, Travelling Time, Unlawful Deduction From Wages
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Mrs Whittlestone
Claimant
BJP Home Support Ltd
Respondent
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal
Legal Issues
- 1 Whether sleepover hours constitute 'time work' for National Minimum Wage purposes
- 2 Whether travelling time between assignments is 'time work'
- 3 Whether deduction for alleged overpayment was lawful
Ratio Decidendi
The Claimant's sleepover hours and travelling time between assignments were 'time work' under the National Minimum Wage Regulations, and the deduction for alleged overpayment was unlawful as the Tribunal overlooked Employment Rights Act s.89.
Court Disposition
Appeal allowed
Orders
- Finding substituted that Claimant was entitled to have sleepover and travelling time included in National Minimum Wage calculation
- Matter remitted for calculation of pay and further argument
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment