The application of the National Minimum Wage to employees who are on duty but are sleeping is a tricky one. This type of scenario often occurs within social care and the NHS and has been an ongoing debate between employers and unions.
One care worker recently brought a claim against her employer in the case of Whittlestone v BJP Home Support Ltd. She received an hourly rate of £6.35 when she delivered services to people in their homes but was paid nothing for the time it took her to travel from house to house. In addition, she received a fixed rate of £40 for each 11pm to 7am sleepover she undertook. This involved sleeping in a customer’s home and attending to the individual if required.
Employees should receive the national minimum wage for sleepover hours
The case went to the EAT, where it was decided that the employee should receive the National Minimum Wage for all her sleepover hours and for the travel time. Therefore, any organisations that pay employees a sleepover rate that is less than the minimum wage should examine the full case and seek legal advice on whether it will affect their pay structures.
