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Supreme Court rules against minimum wage for ‘sleep-in’ workers

2 mins read Social Care
The Supreme Court has ruled against calls for care workers who carry out “sleep-in” shifts to be paid minimum wage for the hours they are asleep.
Night shift workers should only be paid for the hours they are working, the court ruled. Picture: Adobe Stock
Night shift workers should only be paid for the hours they are working, the court ruled. Picture: Adobe Stock

The case was brought by Claire Tomlinson-Blake, against learning disability charity Mencap, who sought to overturn a ruling made by the Court of Appeal in 2018.

Tomlinson-Blake’s union, Unison, argued on her behalf that care staff should get the minimum wage for night shifts even if they are asleep.

The claimant was paid less than £30 by Mencap for a sleep-in shift between 10pm and 7am, the court heard. 

If judges had found in favour of Tomlinson-Blake’s case providers would have faced a total bill of £400m to reimburse staff.

A second case brought by John Shannon, a Surrey care worker, was also dismissed.

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