Minimum Wage and Sleep

Shiva Shadi, Partner and Head of Employment at Davis Blank Furniss

The Court of Appeal has held in the case of MenCap –v- Tomlinson – Blake that carers who sleep at client’s homes and are therefore “on call” are not entitled to minimum wage whilst they are asleep.

The Court of Appeal decided that such workers should only be entitled to count sleep-in hours for minimum wage purposes where they are required to be awake in order to carry out specific activities.  The case, however, is being appealed and we will keep you updated on its progress.

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