PA Network Scotland

Sleepover Rates and NMW

Thursday, 20 October 2016 09:23

Following many discussions over Sleepover Rates and NMW, we have been provided with the following guidance.  This does not consitute or replace legal advice and this should be sought separately if required.



Workers resting or sleeping at the workplace:

"When the worker is obliged to be present and available at their workplace with a view to providing their services, it is regarded as working time.  This includes time spent resting or sleeping at the workplace where such facilities are provided for example providing on-call hospital doctors with beds for use when they are not attending to patients or on-call residential care workers with flats at the workplace to live in and rest and sleep while on duty.  The fact that this includes some periods of inactivity is irrelevant, thought there must be some obligation to be available for work if required."


On Call Workers:

"When the worker is not present at their place of work but is on call, their time is not regarded as working time if they are free to pursue leisure activities, although if a worker is called to their place of work, their time at their place of work is naturally working time".


Thanks to SPAEN Legal Support Services for their help in providing this guidance. 

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