When is a worker not a worker?

Posted on July 1st, by editor in Caring Times. No Comments

|Peter Grose discusses recent changes in employment law: are people working from home entitled to the national minimum wage?| The Court of Appeal has recently considered the question of whether employees who while working from home and are waiting for and responding to telephone calls, are entitled to be paid the national minimum wage, in the case of British Nursing Association v Inland Revenue (National Minimum Wage Compliance Unit) [2001] IRLR 659. The British Nursing Association (BNA) provides emergency nursing cover to nursing homes and similar institutions throughout the UK. It provides a booking service that is available 24 hours a day and is staffed by qualified nurses. During the day the service is operated from the BNA¹s offices around the country but at night the service is provided by nurses working from home. The night service requires duty nurses to be available between 8pm and 9am in order to take telephone calls and respond to them by locating and assigning a nurse from a pool of available sta

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