Providers had thought that a Court of Appeal ruling in July, involving Unison and the charity Mencap, would mean that care providers would no longer have to pay care workers the national minimum wage for time spent asleep while working overnight, including back pay for shifts previously worked.
But the Independent Children's Homes Association (ICHA) says that latest advice from HM Revenue and Customs (HMRC) appears to suggest that employers may still be expected to meet this liability.
The advice states that "all non-sleeping time arrears must be paid before employers return their declaration". It adds that further guidance on calculating minimum wage payments will be issued.
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