In Frudd v Partington Group, the Employment Appeal Tribunal (‘EAT’) held that wardens/receptionists who were on call from evening until the next morning were partially working for purposes of the National Minimum Wage legislation and partially not.
The Claimants worked at a caravan site and were on-call between late-afternoon/early-evening until 8.00am the following morning. Until 10.00pm their responsibilities included showing prospective customers around and welcoming late-coming guests and between 10.00pm and 8.00am they were on-call in case of an emergency.
They were not required to sleep at the park’s premises and if they were called out, they were paid for this. The EAT held that the period until 10.00pm was working time and the period from 10.00pm to 8.00am was not.