Charities dreaming of a pay-cut for sleep-in shift workers
Sleep-in shift workers should not be entitled to the national minimum wage for time spent asleep at work, according to the UK charity Mencap.
Mencap recently argued its case in the Court of Appeal challenging an employment tribunal decision (and subsequent appeal hearing) which ruled in favour of an employee’s claim for full minimum wage pay during her sleep-in shift at the home of someone she cared for.
If upheld by the Court of Appeal, the employment tribunal ruling will have a significant financial impact on organisations operating in the charity sector who have been paying sleep-in shift workers less than the minimum wage for hours spent sleeping since employees will be entitled to claim for the unlawful deduction from their wages.
Stay tuned for the decision which is expected later this year.