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Nine wardens have won a legal battle, which could have major
implications for people who are required to remain on standby after
completing their hours of work.
Employed by the London Borough of Harrow as resident wardens, they were
required to 'live in' at the sheltered housing schemes where they were
employed. They were employed to work a basic 37 hour week. But they were kept on
call for another 76 hours.
An employment tribunal said the council had breached working time
regulations and awarded the women £1,500 compensation each.
During their standby time they could not leave the sheltered housing,
and the women said this led to social isolation.
The tribunal said the council had not given the wardens proper daily rest
or given them the national minimum wage for their time on standby. It decided the 76 hours the workers were on call counted as work. The wardens are also likely to get back pay worth thousands in addition
to the £1,500 compensation.
Tony Warr, the GMB union official who backed the women's case, said:
"This is a major breakthrough for low paid and over-worked employees. The conditions imposed on these dedicated workers made a nonsense
of the requirement that they should enjoy a minimum of 11 hours of
uninterrupted rest from work every day."
'Trapped for 24 hours'
Solicitors Thompsons, engaged by the union to fight the case, said it
was a "landmark" decision.
"This recognises the right of every working person to enjoy some
sort of social life away from work. "These women were trapped for 24 hours a day, five days a week and
could not leave their homes because they were on call," said
solicitor Anita Vadgama.
The workers had been able to regain control over their family and
social lives, Thompsons said.
Harrow Council did not comment but said it was considering an appeal.
Original Source BBC News 5th September 2003
http://news.bbc.co.uk/1/hi/business/3082662.stm
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