Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, with reference to the Supreme Court judgement in the case of Royal Mencap Society v Tomlinson-Blake, whether he will take steps to prevent care staff working on sleep in shifts from having their wages reduced.

The Supreme Court has upheld the Court of Appeal judgment. Workers on ‘sleep-in’ shifts are entitled to the minimum wage for the time they are awake for the purpose of working. The Government is working closely with local authorities and providers in order to consider whether this judgment might have implications with respect to the provision of social care more generally and to consider what action if any is needed.

Local authorities and providers should continue to ensure that that care workers are supported and remunerated in accordance with both minimum wage law and local authorities’ market shaping duties.