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When does sleeping time count for the National Minimum Wage? Episode 104

Do you have to pay the National Minimum Wage for time an employee is sleeping?

In this episode of the podcast I cover the high profile case of Mencap v Tomlinson-Blake within which the Court of Appeal decided the question of whether employers have to pay the National Minimum Wage for every hour the employee is at work, including sleep-time. This case follows various cases on this issue which have led to confusion and uncertainty for employers, many of whom are involved in the care sector.

In this episode I will cover:

  • Background to the National Minimum Wage Regulations.
  • Why there is a distinction between the rules for National Minimum Wage and Working Time Regulations.
  • Why this case provides much needed clarity on the issue.
  • The facts of the case.

Action Points

1. When taking on staff to do “sleep in shifts” or similar “on call” work, there is no longer a requirement to pay the minimum wage for hours spent actually sleeping.

2. If you already pay sleep in workers the minimum wage for their entire shift, contact us for advice on whether you can stop such payments in the future.

3. If you are unsure how this decision affects your business, please give us a call – 01983 897003 – 023 8098 2006 – 01722 653001

Useful Links

Royal Mencap Society v Tomlinson-Blake [2018] EWCA Civ 1641

As part of our HR Harbour annual subscription service for employers we provide guidance and support with settlement discussions and documentation. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don’t forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

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The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

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