Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad [2018]

• Case Reference

  EWCA Civ 1641

• Legal Body

  England and Wales Court of Appeal (EWCA)

• Type of Claim / Jurisdiction

  Working Time, Pay

Lord Justice Underhill began the judgment in this case by noting that, “It is very common in the care sector for workers to agree to “sleep in” overnight [in case] assistance is required in the night”.

The Court of Appeal here had to decide whether the time carers spent on the premises when sleeping must be taken into account when calculating an employer's obligations under the National Minimum Wage (NMW) Regulations.

The Court of Appeal held that, based on the facts at hand, such workers should be considered as ‘available for work’ rather than ‘actually working’. It made it clear that the only time that counts for NMW purposes is time when the worker is required to be awake for the purposes

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