There is currently little clarity on whether employers should pay staff the National Minimum Wage for overnight shifts.
Mr Woods is required to spend time at work where he is allowed to sleep, but is still responsible for caring for vulnerable adults during this time.
As a long established practice, time spent sleeping does not qualify as a right for a worker to be paid under the NMW Act of 1998. For many years, care workers have been paid a basic allowance by their employers below the NMW, whilst providing on-call care around the clock.
However, Mr Justice Edis recognised the ‘degree of arguablity’ in Mr Woods’ case, stating it was now a matter for the Employment Tribunal to decide on further proceedings.
Although Wednesday’s appeal concerned only one worker, the case has wider significance within the social care sector. Mr Woods’ appeal raises similar issues to 60 other cases dealing with how the NMW applies.
It is likely the outcome of the review could help change the current approach of HMRC in relation to the NMW and sleep-in workers.
Submitted Article
Headline
Short Headline
Standfirst
Published Article
HeadlineJudicial review into the rights of sleep-in workers
Short HeadlineJudicial review: can you be working whilst asleep?
Standfirst
There is currently little clarity on whether employers should pay staff the National Minimum Wage for overnight shifts.
Mr Woods is required to spend time at work where he is allowed to sleep, but is still responsible for caring for vulnerable adults during this time.
As a long established practice, time spent sleeping does not qualify as a right for a worker to be paid under the NMW Act of 1998. For many years, care workers have been paid a basic allowance by their employers below the NMW, whilst providing on-call care around the clock.
However, Mr Justice Edis recognised the ‘degree of arguablity’ in Mr Woods’ case, stating it was now a matter for the Employment Tribunal to decide on further proceedings.
Although Wednesday’s appeal concerned only one worker, the case has wider significance within the social care sector. Mr Woods’ appeal raises similar issues to 60 other cases dealing with how the NMW applies.
It is likely the outcome of the review could help change the current approach of HMRC in relation to the NMW and sleep-in workers.
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