Should sleep-in workers be paid national minimum wage?

Are sleep-in workers entitled to national minimum wage for the entirety of their shift?

The Supreme Court has provided the final, definitive answer in Royal Mencap Society v Tomlinson-Blake and another case.

It held that care workers who were required to sleep at, or near, their workplace, and be available to be called on during the night, were not entitled to the national minimum wage (NMW) for the entirety of their sleep-in shifts. 

During this time, the workers were not working under Reg 21 or 30 of the National Minimum Wage Regulations 2015/621 but ‘available for work’ under Reg 27 or 32, meaning that they were entitled to the NMW only for hours during which they were awake for the purpose of working.

For more information or to speak with Roy Magara,  a specialist employment lawyer at Magara Law, please call 01869 325 883 or email roy@magaralaw.co.uk. Magara law is an employment law firm based in Bicester, Banbury and Paddington, London, and services clients nationwide.