Employers could be prosecuted for failing to pay staff who are asleep on the job, after a hotel manager won a tribunal appeal this week.
 
An Edinburgh employment appeal tribunal ruled that the Learmonth Hotel was contractually obliged to pay William Anderson, guest care manager, for sleeping at the hotel overnight.
 
Anderson was required to be present in cases of emergency (such as fire or flood). But he was only required to work once, to deal with rowdy guests, over a nine-month period.
 
The hotel, part of Jarvis Hotels, argued that “on-call” time, where the risk of being required to work was insignificant, should not be regarded as working time.
 
But the tribunal found that Anderson should be paid for his work at the hotel, because he was contractually obliged to be present and so it was working time.

 
Anderson was given a verbal warning after leaving the hotel for 30 minutes during a shift in November 2003.

The hotel made a sleep-over requirement after Anderson’s disciplinary interview and he was warned that any absence during a sleep-over period would be regarded as a disciplinary matter.

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By Georgina Fuller

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