Supreme Court to make final ruling this week on 'sleep in' shifts and national minimum wage

In one of the most eagerly awaited judgments for the care sector, the Supreme Court has confirmed that it will hand down its decision in Royal Mencap Society v Tomlinson-Blake (the “Mencap case”) on Friday 19 March 2021.

The Supreme Court will making a final ruling on whether sleep-in shifts in a care setting are “working time” for National Minimum Wage purposes. The judgment would have huge ramifications for the sector if sleep-in time is deemed working time, as there is an estimated £400m sector-wide back-pay liability. The financial viability of the sector could be at risk, particularly at a time when providers are struggling financially due to the additional costs in managing COVID-19 and inadequate local authority funding.

It is essential that you prepare an effective strategy for responding to the judgment, whatever the outcome, so that you can communicate it to staff and key stakeholders If you need any help, please do get in touch via or 01225 730231.

We will keep you updated with news as soon as we have full details of the judgment.