Working time: unmeasured work; waiting time
Any time an employer requires a worker performing unmeasured work to be available at or near a place of work for the purposes of working which does not fall under a daily average agreement (NMWM08470) is likely to be working time for national minimum wage purposes.
It does not matter whether during such time the employer provides any work for the worker to do, or whether the worker actually performs work. The relevant factors are that the employer requires the (1) presence of the worker at a (2) specified location and (3) time of their choosing AND the worker is (4) working (i.e. they are not making themselves available in order to perform work).
A person performing unmeasured work is engaged as a live-in carer for a service user. There is no daily average agreement in place, the employer expects the worker to perform work as and when required during the period of care. One day the employer requires the worker to ensure they are available with the service user for a 10 a.m. appointment with a health professional. The health professional is 45 minutes late. The 45 minute wait is part of the working time of the worker even though they are not performing actual tasks during that time.