Prior to the summer of 2016, we have been involved in a number of inspections where HMRC had concluded that it was only the time spent awake and working during a sleep-in shift that would count for National Minimum Wage (NMW) purposes. In two recent matters they have taken the view that every hour of the sleep-in counts where: (i) there was a requirement for the workers to be present during the night, and (ii) those workers were not allowed to leave the service during the hours they are required to sleep-in.
As a result, on 15 November 2016 we made a Freedom of Information Act request, asking various questions to understand more about HMRC’s change of approach and their current approach to alternative pay arrangements for sleep-ins, such as top-up payments and the use of daily average agreements. We will provide a further update once we have the outcome of our request.
Many providers have already been reviewing their strategy for NMW compliance in recent months, and these developments further highlight the need to review how you manage your risks relating to NMW compliance.
If you require advice in relation to national minimum wage compliance and the possible options for sleep-in arrangements, please contact Matthew Wort or Anna Dabek.
Latest news
Anthony Collins reappointed following Cottsway Housing Association tender for housing services
Social purpose law firm, Anthony Collins, has been reappointed as the sole legal provider of housing services for Cottsway Housing Association (Cottsway) tender, continuing a partnership focused on improving communities.
Tuesday 18 February 2025
Read moreAnthony Collins procurement expertise continues to grow
Social purpose law firm, Anthony Collins, welcomes new legal director
Friday 24 January 2025
Read moreLatest webinars and podcasts
Podcast: Leasehold reform: Commonhold
Emma Lloyd and Raj Flora-Seehra explore the Government’s renewed focus on commonhold tenure
Monday 17 February 2025
Read morePodcast: Who gets the microwave? Episode 2 – Non-court dispute resolution
Listen to the second in a series of podcasts from our matrimonial team where Tom Gregory, Chris Lloyd-Smith and Maria Ramon put down their litigation weapons and discuss the importance of […]
Friday 22 November 2024
Read more