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It has long been thought that requiring an employee to be at or near their place of work during the night was ‘working’ even if the employee was required to sleep. Typically, these arrangements exist in the care and nursing sectors.

Not so, has said the Supreme Court.

The Case

Two individuals, Mrs Claire Tomlinson-Blake and Mr John Shannon, had their cases heard recently by the Supreme Court. The ramifications of the court’s decision will be relief to employers, but huge disappointment to those on the frontline.

The two cases turned essentially on the same question:

Should an individual who is required to be present or near their place of work, but could sleep for some or all of the time they are there, be paid the National Minimum Wage (NMW) throughout?

The Decision

The court said no, on the basis that someone cannot be ‘working’ if they are asleep. They are only entitled to minimum wage when they are required to be awake for work.

The reason that the decision is important is because the court had to wrestle with previous court decisions that were different in their outcome. The court rectified some previous misunderstandings of the relevant law in its decision.

You can read more on the case here;  https://www.bailii.org/uk/cases/UKSC/2021/8.html

Implications moving forward

At a time when the nation has praised the work of all carers, it is hard not to see the decision as a blow to those working in the industry. However, for care providers in particular who faced huge salary costs in relation to overnight care, the decision will be welcomed. In addition, they could have faced claims for back pay and tax liabilities.

The case centred on the interpretation of complex and technical legislation. While the court recognised the role of carers, its primary function was legal interpretation, not addressing public policy or funding concerns. This decision may affect other sectors with similar working conditions. Employers should respond with care and seek specialist legal advice to ensure compliance.

Navigating working time and National Minimum Wage legislation can be challenging, even for experienced professionals. It is crucial for employers to avoid making assumptions about court rulings or employment laws without expert guidance, especially regarding sensitive issues like pay and working conditions.

Employers impacted by the decision are advised to review existing contracts and maintain good employee relations by consulting legal experts.

Contact us

For further information, please contact one of our Employment experts.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.