Legal Alert: Employment Consultant, Damian Robson, discusses one of the most controversial employment law cases of 2018.


Royal Mencap Society v Tomlinson-Blake; Shannon v Rampersad and another t/a Clifton House Residential Home.

One of the most controversial employment law cases of 2018 saw the Court of Appeal hold that a “sleep-in” care worker in residential accommodation was not entitled to the national minimum wage while asleep.

The decision has a big impact in sectors where staff are allowed to sleep at work until called upon. The Court of Appeal held that national minimum wage legislation requires employers to pay the minimum wage to sleep-in workers only when they are awake and “available” to work.

The Court of Appeal ruling also means that the Government has had to suspend its social care compliance scheme, which was set up to allow care-sector employers to volunteer back payments to sleep-in staff who were previously denied the national minimum wage.

Unison has lodged an appeal to the Supreme Court, where the union will argue that care workers who sleep on-site and can be called upon at any time should be paid at least the minimum wage.

Watch this space!

For employment and HR related advice, please contact Damian Robson:


t: 0191 466 1080