UK: sleep-in carers not entitled to national minimum wage while asleep

The Court of Appeal has ruled that on-call employees who have to remain available for work at a particular location but are expected to sleep will only be eligible for the national minimum wage in respect of hours when they are actually awake and carrying out work. This can be contrasted with employees who are actually working throughout their shift (such as a night watchman with periodic patrolling duties), who will be entitled to the national minimum wage for the whole shift albeit that they may be permitted to sleep in the intervals between tasks. Leave to appeal to the Supreme Court has been sought. (Royal Mencap Society v Tomlinson-Blake)

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Filed under Jurisdiction: UK, Remuneration (including bonus and incentive plans)

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