“Sleep-in shifts” and the National Minimum Wage
Posted in : Supplementary Articles NI on 25 March 2021
Joanne Lightburn
Jones Cassidy Brett Solicitors
On 19 March 2020, the Supreme Court held in Royal Mencap Society v Tomlinson-Blake that care workers who were required to sleep at or near their workplace and be available to be called on during the night, are not entitled to the national minimum wage (NMW) for the whole of their “sleep-in shifts”.
This is a significant and much welcomed decision for care sector employers. Many such organisations may not have been able to afford to pay the NMW to each worker for an entire night-shift, rather than a lesser fixed allowance which is permitted for “sleep-in shifts” under the NMW legislation. Also, care sector employers will be relieved that the door has now been closed on huge back pay
Already a subscriber?
Click here to login and access the full article.
Log in now to read the full articleDon't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors
More on Working Time & Leave
- Is full pay (inclusive of a standard overnight allowance) due when employee is on annual leave?
- Can we continue to pay a set fee for sleep-in shifts as a result of the recent Mencap case?
- Implications of the Smith v Pimlico Plumbers Ltd Holiday Pay Case
- Is An Employee Who Is Off On Maternity Leave Permitted To Carry Over Her Accrued But Untaken Annual Leave?
- Royal Mencap Society v Tomlinson-Blake; Shannon v Rampersad [2021]
Disclaimer:
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.
Joanne Lightburn
Jones Cassidy Brett Solicitors
The main content of this article was provided by Joanne Lightburn. Contact telephone number is 02890 690878 or email jlightburn@jcbsolicitors.co.uk
View all articles by Joanne Lightburn