Smith v Oxfordshire Learning Disability NHS Trust [2009] UKEAT 0176_09_2406 (24 June 2009)

Smith v Oxfordshire Learning Disability NHS Trust [2009] UKEAT 0176_09_2406 (24 June 2009)

The sleep-in payment is not an allowance within the meaning of the National Minimum Wage Regulations 1999 and must be included in the calculation of the national minimum wage. Even if it were an allowance, it would not be attributable to the performance of the worker in carrying out his work and would still be excluded from the exception in regulation 31(1)(d).

Citation
[2009] UKEAT 0176_09_2406
Parties
Appellant: Mr A Smith; Respondent: The Trust
Jurisdiction
United Kingdom
Judgment Date
24 June 2009
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
Appeal dismissed
Legal Topics
National Minimum Wage, Allowances, Sleep in Payments, Unlawful Deduction From Wages, Constructive Dismissal
Employment Law National Minimum Wage Allowances Sleep in Payments Unlawful Deduction From Wages Constructive Dismissal

Case Brief

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Parties

Mr A Smith

Appellant

The Trust

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether sleep-in payment (SIP) is an 'allowance' under National Minimum Wage Regulations 1999 and should be excluded from minimum wage calculation
  2. 2 Whether SIP is attributable to the performance of the worker in carrying out his work

Ratio Decidendi

The sleep-in payment is not an allowance within the meaning of the National Minimum Wage Regulations 1999 and must be included in the calculation of the national minimum wage. Even if it were an allowance, it would not be attributable to the performance of the worker in carrying out his work and would still be excluded from the exception in regulation 31(1)(d).

Court Disposition

Appeal dismissed

Orders

  • All claims of the appellant are dismissed.