Working time and sleeping

The Supreme Court has decided that 'sleep-in shift time work' for the purposes of the National Minimum Wage Regulations 1999 and 2015 is not and nor can it be 'work' in any other sense in the Regulations, (Royal Mencap Society v Tomlinson-Blake).

This case puts to bed a long-held belief that sleep-in shifts could qualify for the national minimum wage. With most sleep-in shifts, that would be for personal care for vulnerable people. So, if a worker is actually called on to respond to someone's care needs (or any other duties) when on a shift, that time will count as 'time work' and be subject to the National Minimum Wage.