The Court of Appeal judgement in the case of Mencap v Tomlinson-Blake has been handed down today Friday 13th July, on the case of backdated sleep ins liabilities. 

Mencap have been successful in their appeal – the court has ruled that ‘the only time that counts for NMW purposes is time when the worker is required to be awake for the purposes of working’.

The Court decided that sleep ins fall into the exception as being ‘only available for work’ according to Regulation 32 and as such the National Minimum Wage (NMW) would only be payable when the person was awake and working and not while asleep. Finally, this has clarified the position for providers following years of uncertainty, provided there is no Supreme Court Appeal.

We now require the Government to act quickly – we require them to confirm the original regulations are now used and the premise that both HMRC and employers work to. We also need to understand what this means for the Social Care Compliance Scheme (SCCS) and the providers who have signed up to this. Our work continues.

Please find attached a copy of the judgment and the press release from the Solve Sleep-in Alliance, of which we are a part, for your information below to download.

I will be in contact with members early next week with further details of our proposed work and any other information.

Lisa Lenton
ARC England Director