The Court of Appeal has today handed down it’s much anticipated decision in the case of Royal Mencap Society v Tomlinson-Blake. The decision has reversed the Employment Appeal Tribunal’s (EAT) ruling that carers working sleep-in shifts are entitled to the national minimum wage for every hour of their shift, rather than just for those hours that they are awake and carrying out their relevant duties.

The Court considered the issue as a matter of principle, holding that workers will only be entitled to have sleep-in hours counted for minimum wage purposes where they are, and are required to be, awake for the purpose of performing a specific activity.

Look out for a more detailed analysis of this decision in our newsletter later this month.