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ARTICLE · 01 SEPTEMBER 2021

Sleeping On The Job

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Mrs Tomlinson-Blake and Mr Shannon were care workers for different employers.

United KingdomEmployment and HR
Danielle Crawford
Danielle Crawford

Following the much awaited Supreme Court Judgment in Royal Mencap Society v Tomlinson-Blake; Shannon v Rampersad and another (t/a Clifton House Residential Home) [2021] UKSC 8, Danielle Crawford considers what this means for employers.

Mrs Tomlinson-Blake and Mr Shannon were care workers for different employers. However, their cases were similar in that they both carried out night shifts whereby they were obliged to stay at or near their workplaces so that they could attend to their duties if required during the night.

Mrs Tomlinson-Blake and Mr Shannon were both paid a fixed sum for the sleep-in shifts. This  attendance allowance for the shift was lower than the National Minimum Wage ("NMW") rate for the equivalent number of hours. They were also paid additional sums for any periods they were disturbed to provide care duties if required.

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