“Sleep-in shifts” and the National Minimum Wage

Posted in : Supplementary Articles NI on 25 March 2021
Employment Team at Lewis Silkin
Lewis Silkin
Issues covered: National Minimum Wage; Mencap; Working Time; Pay and Conditions of Work; Working Time and Leave.

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

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This article is correct at 25/03/2021

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Employment Team at Lewis Silkin
Lewis Silkin

The main content of this article was provided by Employment Team at Lewis Silkin. Contact telephone number is (0) 20 7074 8000 or email info@lewissilkin.com

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