Minimum Wage: Unsocial Hours Enhancements May Not Count

Do you pay your carers a bonus or an enhancement for working unsocial hours? If so, the bad news is that these payments may not count towards payment of the National Minimum Wage. The good news is that these sorts of payments can be restructured to ensure that they do count.

This issue was highlighted by the Employment Appeal Tribunal in the recent case of Smith v Oxfordshire Learning Disability NHS Trust.

The claim
Mr Smith worked 15 hours per week in a care home for adults with learning disabilities as a Lifestyle Support Worker. He was occasionally required to work additional hours sleeping in at the care home in case he was needed during the night. He was paid:

• a salary for his usual 15 hours per week;