August 10, 2020

How to calculate national minimum wage with sleeping in shifts?

night shift worker

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.

There is more information on page 32 of BEIS’ Calculating the Minimum Wage guide here.

Read the case summary of the Royal Mencap Society v Tomlinson-Blake for more information about the original case which lead to the guidance being revised.

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About the author

Karis Lambert

Karis Lambert is Moorepay's Digital Marketing Executive, having joined the team in 2020. Karis is CIM qualified, and keeps our customers up-to-date with Moorepay's market-leading knowledge and advice through our digital channels, including the website.

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