Court of Appeal reverses sleep-in shift back pay decision

The Court of Appeal has reversed the £400m minimum wage back-pay bill to care providers. This means only the hours spent awake on sleep-in shifts counts as worked.

The courts have been grappling with the decision as to whether shift workers were entitled to the National Minimum Wage for the whole shift or just the hours they were awake.

Commenting on the ruling, Matthew Wort, Partner at Anthony Collins Solicitors, who led on this case said:

“The magnitude of this ruling should not be underestimated, particularly as the care sector is already forecast to face a £2billion funding gap by 2020.

“Challenging the original findings of Mencap vs Tomlinson-Blake EAT, our argument was clear: under the current National Minimum Wage rules those undertaking sleep-in shifts should not be considered as working whilst asleep.”

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