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August 10, 2020
How to calculate national minimum wage with sleeping in shifts?
National Minimum Wage With Sleep in Shifts: Royal Mencap Society v Tomlinson-Blake
BEIS (The Department for Business, Energy & Industrial Strategy) has published a revised guide on calculating the NMW, with particular reference to sleep-in shifts. They appear to have brought in a new concept of ‘suitable facilities for sleeping’ when deciding if the payment of NMW is due:
“If the employer provides suitable facilities for sleeping, minimum wage must be paid for time when the worker is required to be awake for the purpose of working, but not for time the worker is permitted to sleep.
However, if suitable sleeping facilities are not provided then minimum wage must be paid for the entire shift.”
This is now with the Supreme Court as there has been an appeal against the Court of Appeal ruling in favour of Mencap.
Karis Lambert is Moorepay's Digital Marketing Executive, having joined the team in 2020. Karis keeps our customers up-to-date with Moorepay's market-leading knowledge and advice by keeping our digital channels up to date, including the website and social media.
Karis has a strong background across multiple aspects of digital marketing, including qualifications with the Chartered Institute of Marketing, which she brings to Moorepay to help communicate effectively with our valued clients.