“Sleep-in shifts” and the National Minimum WagePosted in : Supplementary Articles NI on 25 March 2021
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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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 
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