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<p>All businesses – irrespective of their size or business sector – are responsible
for paying the correct minimum wage to their staff.</p><p>It is not uncommon for employment
law to be clarified in the courts and tribunals. Employment Tribunal judgments have,
over time, clarified the position on what constitutes “work” in connection with sleeping
time and therefore when the NMW is payable for sleep-in shifts. Government guidance
issued in February 2015 included clarification from those judgments. Ministers from
BEIS and the Department of Health most recently wrote to Local Authorities on 27 October
2017 regarding payment of NMW or NLW for sleep-in shifts to ensure clarity on those
rules.</p><p>The Government recognises that the cumulative financial liability of
penalties and arrears of wages associated with “sleep in” shifts could pose challenges
to some providers in the social care sector. It is exploring options to minimise any
impact on the sector and has opened discussions with the European Commission. It also
introduced the interim Social Care Compliance Scheme (SCCS) on 1 November, which gives
providers in the sector 12 months in which to conduct a self-review of any arrears
and then up to three months in which to re-pay workers.</p>
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