MacCartney v Oversley House Management

MacCartney v Oversley House Management [2006] IRLR 514 (EAT) is a UK labour law case regarding the National Minimum Wage Act 1998.

McCartney 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.

Richardson J overturned the Tribunal and held that she was employed on salary work within NMWR 1999 r 4 for the whole period, even though much was spent at home and for part of it she was asleep.

WTR 1998 regulation 2(1)(a) defined working time to include a worker not actually doing anything, but required to be present and remain available at a place determined by an employer.