On 19 March 2021, the Supreme Court determined that time spent asleep during sleep-in shifts does not count towards National Minimum Wage calculations.
The decision, which is a final judgement, means that social care organisations like Affinity Trust will not have to pay back pay for sleep-in shifts prior to April 2017 when it started to pay ‘top ups’ to the National Minimum (Living) Wage.
Leo Sowerby, Affinity Trust’s Chief Executive, said: “Today’s Supreme Court decision confirms that all hours of a sleep-in shift are not liable to be paid at the National Minimum Wage.
“This means that Affinity Trust had been paying correctly for those shifts and is not liable for any underpayments.
“We will continue to press the government for better pay for our skilled and dedicated staff.”