Royal Mencap Society v Tomlinson-Blake [2017] UKEAT/0290/16; [2018] EWCA Civ 1641

National minimum wage: Sleep-in shifts – challenging times for care providers

While the Mencap decision is good news for the cash-strapped care sector, it raises a number of difficult questions about what to do next, explain Emma Burrows and Anna Scott ‘Underhill L J concluded that the essence of a sleep-in contract is that the worker, in the words of the regulations, “by arrangement sleeps” at …

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National minimum wage: A minefield for unwary employers

Jo Moseley explains how employers can avoid costly breaches of the minimum wage rules ‘The penalties for failing to pay the NMW are severe. While individuals can bring claims in the employment tribunal, many contact HMRC and ask it to investigate.’ The national minimum wage (NMW) has been in force for 19 years. Despite that, …

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National Minimum Wage: Pay for sleep-in and on-call work

A recent EAT decision on night shift pay is threatening the overstretched care sector’s ability to provide services, warns Carla Whalen ‘The consequences of failing to comply with the national minimum wage legislation can be extremely harmful to organisations.’Calculating the national minimum wage (NMW) has long been a source of worry for employers, with particularly …

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