The Department for Business, Innovation and Skills (BIS) has
published updated guidance on calculating the national minimum wage
(NMW). The guidance is intended to assist employers comply with
their obligation to pay employees the NMW where applicable. The
guidance now includes a new section on the family member exemption
and the guidance has been updated regarding the position for those
required to sleep between duties.
Case law has evolved in recent years regarding the tricky issue
of whether employees who sleep between duties should receive the
NMW. This issue particularly affects those in the care sector. It
has been concluded that an employee who is found to be working,
even though they are asleep, is entitled to the NMW for the entire
time that they are at work. The guidance clarifies that an employee
may be found to be working whilst asleep if, for example, there is
a requirement for them to be present or they would face
disciplinary action if they left the
