Question to the Department for Business, Energy and Industrial Strategy:

To ask the Secretary of State for Business, Energy and Industrial Strategy, when his Department changed its guidance on sleep-in shifts to state that a worker who was asleep could be deemed to be working up to and above national living wage; and when local authorities and care providers were informed of that change.

The legislation determining when employers should pay the minimum wage for sleeping time remains unchanged since legislation was first introduced in 1998. Court and employment tribunal judgments have, over time, helped to clarify the position on what constitutes “work” in connection with sleeping time and therefore when the minimum wage is payable for sleep-in shifts. Government guidance was adapted in February 2015 following judgments to clarify that point.

The guidance has always been freely available on Government websites. It is the responsibility of employers to ensure that they pay their workers according to the law, including the National Minimum Wage regulations.

The Department for Business, Energy and Industrial Strategy does not offer guidance to social care providers regarding additional funding.