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The SDSS Blog

National Minimum Wage and Sleepover: Legal Ruling

Date posted: August 9, 2018

Legal Issues – ‘Sleep-in’ shifts and the National Minimum Wage

You might have heard of the recent Court of Appeal Judgement on the outcome of paying care staff the National Minimum Wage (NMW) for sleep-ins. There is now a useful description of the Court Judgement and what this means for staff working sleepovers and the employers paying people. Navigator provides an employment and HR advice service, which you can find out more about here.

See Navigators outline of the Legal Ruling on the National Minimum Wage here.

The case was brought by MENCAP and you can see a copy of MENCAPs statement on the ruling here.

What does this mean for Scotland? The Scottish Government has given a commitment to support the payment of the National Minimum Wage for sleepovers in Scotland and has made financial provision for this to each Local Authority in Scotland. However, as there is now no requirement for an employer to pay the National Minimum Wage, there may be future uncertainty as to whether Local Authorities will continue to fund this in the future.

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