What hours does a sleep in care worker have to be paid for.
Held: Sleepers-in are to be characterised for the purpose of the Regulations as available for work, within the meaning of regulation 15 (1)/32, rather than actually working, within the meaning of regulation 3/30, and so fall within the terms of the sleep-in exception in regulation 15 (1A)/32 (2).
Judges:
Ryder SPT, Underhill, Singh LJJ
Citations:
[2018] EWCA Civ 1641, [2019] ICR 241, [2018] IRLR 932, [2018] WLR(D) 486
Links:
Statutes:
National Minimum Wage Act 1998, National Minimum Wage Regulations 1999, National Minimum Wage Regulations 2015
Jurisdiction:
England and Wales
Cited by:
Appeal from (CA) – Royal Mencap Society v Tomlinson-Blake SC 19-Mar-2021
Whether home workers who are required to remain at home in their shift and/or residential care workers who ‘sleep in’ are entitled to the national minimum wage for time that is not spent actually performing some specific activity. . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 12 October 2022; Ref: scu.619396
