Defining working time

The facts

South Holland District Council employs a number of wardens who are required to be at home on call. The workers claimed that they had the right to be paid for all of the hours that they were on call.

The ruling

The EAT ruled against their claim. It held that in cases where an individual was on call at home working time would only count under the Working Time Regulations and the National Minimum Wage Act if:

1. they were at "work" (which could conceivably include being required to stay at home); 2. at their employer's disposal in other words available if required; and 3. carrying out her/his activities or duties.

The EAT held that although the first two elements were present, the third was not and in its absence the time on call could not be identified as working time.

* South Holland District Council v Stamp EAT/1097/02