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18:07:18
Court of Appeal in landmark ruling that sleep-in shifts are not subject to the National Minimum Wage – has the crisis been averted?
In Royal Mencap Society-v-Tomlinson-Blake, the Court of Appeal held that ‘sleep-in’ are not subject to the National Minimum Wage (NMW).
Overturning a significant body of case-law, the Court of Appeal ruled that the National Minimum Wage is only payable when staff are awake and actually working, not when they are asleep and only available for work. In reaching its decision, the Court of Appeal relied heavily on reports by the Low Pay Commission to support its interpretation of the National Minimum Wage Regulations.