Law queries

Our employer has just taken on a security guard to patrol the premises overnight. Although he is required to be there for the full period, our employer says that he will only be paid for the hours when actually doing the patrols. The rest of the time he can sleep or read, although he would have to respond to any emergency. According to our employer, you do not need to pay someone for sleeping. Is this the case?

If a worker is required to be on the employer's premises the normal rule is that he should be paid at least at the national minimum wage (NMW) for the whole of the period. Although the NMW law says that workers provided with suitable sleeping facilities do not have to be paid for the hours when they are asleep this only covers arrangements where the worker has a set number of hours in which to sleep but may be on call. Clearly this is not the case with the security guard at your workplace.

* More information: Wright v Scottbridge Construction [2001] IRLR 589