Walton v Independent Living Organisation [2003] ICR 688

Plaintiff was a carer who was required to be on her client’s premises continuously for 72 hours a week, and was paid NMW for the 7 hours a day that she was actively undertaking tasks. The rest of the time she was free to do as she pleased, although remaining on her employer’s premises.

CA said that she undertook ‘unmeasured’ work (i.e. work when it was needed under Reg 3 NMW regs) rather than ‘time work’ (i.e. set hours under Reg 3 NMW regs) and that 7 hours was just a daily average.

• Consequently there was no need to pay her for the 72 hours that she was ‘on’.

• For unmeasured hours, Reg 28 says one needs to find out how many hours average are worked, and determine MW on that basis.

Though see how Reg 15 has defined work time as when a worker is available at or near the employer’s premises for work and awake for the purposes of working.

NB doesn’t count where worker’s home is near the place of work AND the time is time tha the worker is entitled to spend at home.