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Wednesday, 21 January 2009

Working Time

How crazy is this !

You run a residential home and employ a care worker.

She works only 8 hours a week but sleeps over 7 nights a week in a flat provided for her for free and is 'on call' for 11 hours overnight

She is 'called' on average once every 2 weeks

How many hours per week does she work as far as the Working Time Regulations (WTR) and the National Minimum Wage (NMW) legislation is concerned.

WTR - You guessed it. She has a working week of 85 hours (the eight hours actually worked, plus 77 on call) - more than the 48 hour limit on average weekly working hours.

NMW - She has a working week of 85 hours less the time when she was actually asleep. Ask her when she dozed off and when she awoke. Pay her the NMW for all that time less those sleeping hours

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Call Michael Breeze on 07900 195 195 or call 0845 270 2511 to if you need legal advise about any of these issues