- Supreme Court confirms national minimum wage position for sleep-in workers (Royal Mencap Society v Tomlinson-Blake, Shannon v Rampersad)
- What are the practical implications of this judgment?
- Relevant law
- Factual background and judgments of the employment tribunals
- Royal Mencap Society v Tomlinson-Blake
- Shannon v Rampersad (t/a Clifton House Residential Home)
- Judgments of the EAT
- Judgment of the Court of Appeal
- What did the Supreme Court decide?
- Approach to statutory interpretation
- The meaning of the sleep-in provision
- Previous cases
- The present appeals and their resolution
- Case details
Employment analysis: When a sleep-in worker is either asleep, or awake but not for the purposes of working, that time does not count for national minimum wage (NMW) purposes. Hence the whole shift will not count for NMW purposes, but only the period(s) for which the worker is actually awake for the purposes of working; this remains the case no matter how many times the worker is woken during the shift, and even though the worker (while asleep) can be woken up and asked to work, the according to the Supreme Court.
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