minimum wage

Supreme Court grants permission for appeal against Mencap / ‘sleep-ins’ decision

The Supreme Court has allowed an appeal against last year’s Court of Appeal ruling on sleep in payments for care workers. The case argues that sleep-in shifts should count as working time and be paid at least hourly minimum wage rates. Last year, the Court of Appeal overturned the decision of a 2015 employment tribunal …

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Paying sleep-in staff – HMRC’s Social Care Compliance Scheme – Care Home Professional

As most people in the sector know, HMRC has been seeking to force care homes to make back-payments to sleep-in workers; those who have been paid a flat rate for night shifts rather than the hourly National Minimum Wage. This followed two Employment Appeal Tribunal cases in 2016 (Focus Care Agency Ltd v Roberts and …

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‘Working or not working?’ – that is the question

The last few months have seen continued developments in the vexed question of payment for ‘sleeping rights’. We expressed doubts as to whether the issue was, really, still alive. We were wrong. A decision from the Employment Appeal Tribunal (the EAT) and vacillation from Her Majesty’s Revenue & Customs (HMRC) have left the matter quite …

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