Can A Worker Get Paid For Sleeping?

Some jobs such as care workers, security guards and nightwatchmen require the individual to work night shifts where they may, with the approval of their employer, sleep during some or all of the shift, but nevertheless remain on standby during that time.

The Supreme Court was asked to decide how many hours such a worker should be paid for the purpose of the National Minimum Wage (NMW) which will be raised to £8.91 from April 2021 for over 23s.

Facts of the case

The case involves two Claimants. The first, Mrs Tomlinson-Blake was a care worker, employed by Mencap, a mental health charity that provides, amongst other services, 'sleep-in' care for vulnerable people on behalf of local authorities. Their work involved being part of a team that covered day and night shifts in order to provide full-time care to the individuals with mental health difficulties.