Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, whether the Government plans to bring forward legislation proposals for sleep-in shifts in the social care sector to be considered working time for the purposes of calculating compliance with the National Minimum Wage.

The Supreme Court has upheld the Court of Appeal judgment where 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 judgement might have implications with respect to the provision of social care more generally.

The Government is considering the implications of the judgement with care commissioners and providers to consider what action, if any, is needed. We have no plans to bring forward legislative proposals to amend National Minimum Wage regulations.