The Employment Law & HR Podcast

If there is no requirement to undertake work, but merely to be available for work, would it be 'working time' for the purposes of the National Minimum Wage?

In this episode of the podcast I cover a recent case decided by the Employment Appeal Tribunal which deals with employees who are 'on-call' with varying requirements on their time and whether they are entitled to the National Minimum Wage for the 'on-call' time.  

In this episode I will cover:

  • The recent case of Frudd v Partington Group Limited from the Employment Appeal Tribunal.
  • The facts of the case and how they differ to the Mencap case regarding sleep-ins.
  • The principles of the National Minimum Wage Regulations on the issue of 'working time'.
  • The key points to note if you have staff working 'on-call' shifts.

Action Points

  1. If you have staff who work 'on-call' shifts for you then you should review how you are paying them.
  2. Consider dividing the 'on-call' time up if the requirements upon them vary during that time.
  3. Seek advice if you are unsure.

Useful Links

Podcast Episode 104 covering the Royal Mencap Case

Frudd v Partington Group Limited - 2019 - Employment Appeal Tribunal

Royal Mencap Society v Blake - 2018 - Court of Appeal 


Please do leave any comments, ideas and best practice below. Please ensure that any comments are respectful to all views and opinions.

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Direct download: Episode_121.mp3
Category:general -- posted at: 1:00am EST

How do you deal with a situation where an employee is absent due to sickness and cannot attend a disciplinary?

In this episode of the podcast I answer a question from a listener about what to do when an employee says that they are not fit to attend a disciplinary hearing .  

In this episode I will cover:

  • Your options when this happens.
  • What the ACAS code says about an employee not attending a disciplinary meeting.
  • What are the requirements of 'natural justice'.
  • Principles of a fair dismissal for misconduct known as the 'Burchell' test.
  • The need to weigh up dealing with matters in a timely manner v principles of fairness and natural justice.
  • Reasonableness and range of reasonable responses test.
  • Reductions to compensation known as 'Polkey' deductions.

Action Points

  1. Where possible try to ensure that the employee can attend the meeting and if necessary agree to a delay to enable this to happen.
  2. Obtain medical advice and evidence wherever possible.
  3. Only proceed in the absence of the employee in exceptional circumstances.
  4. Obtain advice before making a decision about how to proceed.

Useful Links

BHS v Burchell

Polkey Case

ACAS Code of Practice

Khanum v Mid Glamorgan Area Health Authority

Unfair Dismissal Mini Series Episode 1

Unfair Dismissal Mini Series Episode 2

Unfair Dismissal Mini Series Episode 3

Unfair Dismissal Mini Series Episode 4

Unfair Dismissal Mini Series Episode 5 

Unfair Dismissal FAQ's


Direct download: Episode_120_Final.mp3
Category:general -- posted at: 4:16pm EST