Do you have to pay the National Minimum Wage for time an employee is sleeping?

In this episode of the podcast I cover the high profile case of Mencap v Tomlinson-Blake within which the Court of Appeal decided the question of whether employers have to pay the National Minimum Wage for every hour the employee is at work, including sleep-time. This case follows various cases on this issue which have led to confusion and uncertainty for employers, many of whom are involved in the care sector.

In this episode I will cover:

• Background to the National Minimum Wage Regulations.
• Why there is a distinction between the rules for National Minimum Wage and Working Time Regulations.
• Why this case provides much needed clarity on the issue.
• The facts of the case.

Action Points

1. When taking on staff to do “sleep in shifts” or similar “on call” work, there is no longer a requirement to pay the minimum wage for hours spent actually sleeping.

2. If you already pay sleep in workers the minimum wage for their entire shift, contact us for advice on whether you can stop such payments in the future.

3. If you are unsure how this decision affects your business, please give us a call – 01983 897003 – 023 8098 2006 – 01722 653001

Useful Links

Royal Mencap Society v Tomlinson-Blake [2018] EWCA Civ 1641

As part of our HR Harbour annual subscription service for employers we provide guidance and support with settlement discussions and documentation. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

Unfair Dismissal Cases from the Employment Tribunal

In this episode of the podcast I have reviewed a couple of employment tribunal decisions which have been published on the government website. It is a great way to get an understanding of what the Tribunals around the country will consider when looking at a claim for unfair dismissal.

In this episode I will cover:

• Decision of the Tribunal in a misconduct case: Miss Helen Evans v Llanishen Fach Primary School
• Decision of the Tribunal in a redundancy dismissal case: Mrs JM Hockenhull v David Lewis Centre
• A reminder of the 'Polkey' rules when compensation is reduced where the Employer has failed to follow a fair procedure but the result would have been the same.
• Decision of the Tribunal in a misconduct case: Mr D Maguire v Department for Work and Pensions
• The surprising number of unfair dismissal cases being withdrawn or struck out as the employee did not have the required two years continuous employment.
• A useful tip about preparing witness evidence.
• A decision where the Employer was awarded some of their costs.

Action Points

1. It is a useful exercise for those who are decision makers in disciplinary cases or HR professionals to have a read of some of the Judgements available:  https://www.gov.uk/employment-tribunal-decisions
2. Ensure that you stay up to date with employment law developments by signing up to our free fortnightly newsletter.  
3. If you do not have the time to read Judgements and stay on top of the law why not hire a professional who is specialist in this area: https://www.adviceforemployers.co.uk/employment-law-support/

Useful Links

https://www.gov.uk/employment-tribunal-decisions

As part of our HR Harbour annual subscription service for employers we provide guidance and support with settlement discussions and documentation. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006