Reflections On The Sleep In Judgement

As a result of the judgement handed down by the Supreme Court in the Mencap v Tomlinson-Blake sleep-in case we now know for certain that a person is not doing time work for the purposes of National Minimum Wage (NMW) unless they are awake for the purposes of working.

This is the end of the road for anybody hoping the judiciary would support the position that time spent asleep at work, when you can’t leave the premises by pain of discipline, should be defined as time work for NMW purposes.

This episode looks at the consequences of this judgement for Individual Employers and Direct Payment advisors.