Mencap case: No entitlement to National Minimum Wage for sleep-in shifts
In a pivotal and much anticipated judgment for the social care sector, the Supreme Court has ruled that workers are not entitled to the National Minimum Wage for all time spent on a sleep-in shift.
In a pivotal and much anticipated judgment for the social care sector, the Supreme Court has ruled that workers are not entitled to the National Minimum Wage for all time spent on a sleep-in shift. In a judgment which will be welcomed by the care industry in particular, the appeal of Mencap worker Mrs Tomlinson-Blake was dismissed on the basis that the sleep-in provisions in the National Minimum Wage Regulations are clearly intended to mean that a worker who is permitted (and expected) to sleep during a shift and only required to respond to emergencies, is not entitled to have those hours included in the NMW calculation. In reaching their decision, the Supreme Court Justices were guided by the recommendations of the Low Pay Commission, which the Government is bound to follow and which are clear that sleep-in shifts should not attract NMW.
Employers in the care industry have been anxiously awaiting a decision in this case, which could have had potentially catastrophic consequences for the sector had it gone the other way. In the end, the Supreme Court was unanimous in its decision and employers in the sector can continue with the practice of paying a flat rate for sleep-in shifts safe in the knowledge that they are not falling foul of the NMW Regulations. However, employers should still take steps to ensure that any time which their sleep-in workers spend awake for the purposes of working is remunerated at NMW rates. Employers should also be mindful of the distinction between sleep-in shifts and on-call arrangements (e.g. where a worker is required to be at the workplace outside of normal working hours with the expectation that he or she will be required to work) as the latter would attract NMW.
Contact
Mark Hickson
Head of Business Development
onlineteaminbox@brownejacobson.com
+44 (0)370 270 6000
Related expertise
You may be interested in...
Legal Update
Top five takeaways for schools on the Employment Rights Bill
Legal Update
Building an inclusive workplace: strategies for attracting and retaining disabled talent
On-Demand
How schools can grapple with new employment law to thrive in a new era
Press Release
Browne Jacobson advises The Jordon Group on transformative merger
Online Event - Shared Insights
Shared Insights: Have your say on the 10 Year Health Plan for England
Legal Update
Roundtable report: Community engagement in high street regeneration
Legal Update - Maternity services
MNSI annual report 2023/24: Key insights and future ambitions for maternity safety
Press Release
Browne Jacobson advises UK’s leading fire protection specialist on key acquisition
Press Release
Browne Jacobson advises IT solutions specialist on sale to Goldman Sachs-backed international digital transformation provider
Opinion
New Mental Health Bill to be introduced in Parliament
Online Event
EdCon 2025
Legal Update
Breaking the glass ceiling: Empowering female leadership in the food and drink sector
Opinion - Maternity services
Enhancing care for women with ectopic pregnancies: Insights from MBRRACE-UK
Online Event
Transforming tensions: A panel discussion on proactive complaints management
Guide
Guide to inquests for mental health patients
Legal Update
Ozempic: The rising costs and coverage issues of weight loss medication
Legal Update - Employment Rights Bill
What does the Employment Rights Bill mean for employment practices liability insurance?
Opinion - Employment Rights Bill
Beyond the Bill: Exploring the horizon of new employment rights and proposed measures
Legal Update - Employment Rights Bill
Labour’s employment law reforms: Employment Rights Bill unveiled
Legal Update
Expanding the role of school attendance mentors
Legal Update
ABC pilot: Improving maternity safety to prevent brain injuries in childbirth
Online Event
Managing safeguarding allegations against staff
Press Release
Browne Jacobson advises UK climbing operator on sale to Belgian investment firm
Legal Update - Maternity services
DISCERN study published: How to improve discussions with families when things go wrong in maternity care
Legal Update
Organisational approaches to ESG and sustainability matters
Legal Update
Balancing acts: Navigating the complex risks in adult social care provision
Opinion
Lord Darzi’s report on the NHS in England and the future of mental health care
Legal Update
What the UK Covid-19 Inquiry means for higher education providers
Opinion
New anticipatory duty to prevent sexual harassment at work: final EHRC guidance published
Opinion
Employment tribunal case shines light on mistaken customer communications
Press Release
Browne Jacobson launches new HR services offering in health and social care
Press Release
Browne Jacobson and CBI roundtable explores how to finance public infrastructure post-PFI
Opinion
Navigating the new norms of flexible working and reasonable adjustments
Legal Update
Employment Healthcare Briefing: October 2024
Legal Update
What does the Supreme Court decision in Tesco v USDAW mean for NHS employers?
Legal Update
Hybrid working, the right to flexible working and how to make it work for public sector employers
Press Release
Comments on the publication of Universities UK’s (UUK) report
Legal Update - Procurement Act
Decisions of the Independent Patient Choice and Procurement Panel
Press Release
An interview with HSBC’s ex-commercial manager
