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<p>The Court of Appeal judgment overturns the previous interpretation of the law and
means that “sleep-in” shifts, as defined by the Court of Appeal, no longer attract
the National Minimum Wage. The Court of Appeal judgment applies both retrospectively
and going forward. Government guidance on when “sleep-in” shifts should attract the
National Minimum Wage has been updated to confirm that the Government has noted the
judgment. That guidance will be updated shortly once Ministers have fully considered
the implications the Court of Appeal judgment.</p><p> </p><p>Over the past year Ministers
from across the Government have been working closely on how “sleep-in” shifts are
remunerated and will continue to do so.</p><p> </p><p>Ministers from BEIS and the
Department of Health and Social Care are liaising with local authorities and care
commissioners to ensure that they have clarity on the legal position and on their
responsibilities when commissioning care services.</p><p> </p><p>HMRC’s voluntary
Social Care Compliance Scheme remains open. Employers participating on the scheme
should take note of the Court of Appeal judgment and review their pay practices accordingly.
HMRC officers have been in contact directly with all employers enrolled on the scheme
to set out next steps.</p><p> </p>
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