We would like to ensure that you are still receiving content that you find useful — please confirm that you would like to continue to receive ILO newsletters. In a significant case for the care sector, the Supreme Court has finally given its long-awaited judgment on whether care workers working so-called 'sleep-in' shifts are entitled to the national minimum wage NMW for periods when they are asleep. Sleep-in shifts are standard practice in the care industry, with workers required to sleep on the premises in case they are required in an emergency. Such shifts are paid at a fixed flat rate, with additional pay for any time spent actively working.
South Hillingdon Mencap
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Carers have lost a five-year legal battle to be paid minimum wage while they sleep at work during on-call shifts - and that means they can't claim for arrears going back years. Justice Lady Arden said carer Clare Tomlinson-Blake - who first brought the challenge in - will not be able to claim for years of wage "arrears" she said she was owed. Ms Tomlinson-Blake, a carer for two autistic men in East Yorkshire, said after the grim ruling: "This case was never about the money. It was about the principle of treating staff fairly. Staff are constantly on guard to protect the most vulnerable in society.
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