The Employment Appeal Tribunal (EAT), in the recent case of Anderson v Jarvis Hotels Plc, has held that a hotel manager was entitled to be paid for occasions when he was required to sleep over at the hotel even if he carried out no work.
The manager was obliged to stay over at the hotel several nights each week. This was in order to have someone available in the case of an emergency, such as a fire or flood, and during the nine-month period he was only required to work on one occasion, which was to deal with some disruptive guests. He later made a claim for unpaid contractual wages for the time in which he slept over at the hotel.
The hotel claimed that during the time the manager was required to sleepover he was not working and thus was not entitled to any payment in respect of this period as the chance of him being required to carry out tasks was very small.
However, the EAT overturning the Employment Tribunal decision, ruled that the time during which the manager was contractually obliged to be present at the hotel was clearly working time and therefore he was entitled to be paid for it.