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MacCartney v Oversley House Management
''MacCartney v Oversley House Management'' () IRLR 514 ((EAT )) is a UK labour law case regarding the National Minimum Wage Act 1998.
==Facts==
MacCartney was a resident manager at Oversley House, which was originally built as the Alcester Poor Law Union workhouse in 1834. She needed to be within three miles of the residential home and be contactable by mobile phone. She had to respond to emergencies 24 hours a day, four days a week, in her contract. She got £8,750 pa, paid monthly, with rent free accommodation. She claimed that she had been denied proper periods of rest and rest breaks under WTR 1998 rr 10(1) and 12(1). She said she had ‘salaried hours work’ under r 4(1) and that all time on call was working time, so she was getting less than the minimum wage.
The Tribunal found she was not ‘working’ while on call because she could take rest, and so dismissed her claim. As for the minimum wage, she was said to have ‘unmeasured work’ and not salaried work, so her whole shift was not working time. She therefore got over the minimum for her 40 hour week. Mrs Macartney appealed.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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