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Employment – Pay. The employee worked as a care worker at the employer's care home on 'sleep-in night' shifts. She successfully claimed in the employment tribunal (the tribunal) that the employer had unlawfully deducted her wages by failing to pay her the national minimum rate for carrying out 'time work' within the meaning of s 1(1) of the National Minimum Wage 1998 and regs 3 and 15 of the National Minimum Wage Regulations 1999, SI 1999/584. The Employment Appeal Tribunal, in dismissing the employer's appeal, held that the tribunal had been entitled to find that the employee had worked and had carried out duties during the sleep-in sessions and had been required to do so.
Employment – Pay. The employee worked as a care worker at the employer's care home on 'sleep-in night' shifts. She successfully claimed in the employment tribunal (the tribunal) that the employer had unlawfully deducted her wages by failing to pay her the national minimum rate for carrying out 'time work' within the meaning of s 1(1) of the National Minimum Wage 1998 and regs 3 and 15 of the National Minimum Wage Regulations 1999, SI 1999/584. The Employment Appeal Tribunal, in dismissing the employer's appeal, held that the tribunal had been entitled to find that the employee had worked and had carried out duties during the sleep-in sessions and had been required to do so.
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