Ask the expert: Do we have to pay sleeping workers?
This week the experts, Adam Partington and Esther Smith advise on whether the pay-to hours ratio on this sleep shift is correct and legal.
The question: Paying the sleeping shift
Currently staff work a shift of 7pm to 7am. They work (awake) from 7pm to 11pm and then can sleep from 11pm to 7am. This is a 12 hour shift but they are paid for eight hours. Is this usual? How do others operate the sleep in shift? Do staff have to be awake?
On call/call out time and payment
Currently staff who are then called out on a sleeping shift are allowed half the time back as lieu time and paid for the other half – and time is calculated in 15 minute blocks.
In addition a 10% shift allowance is paid for working unsociable hours.
Legal advice:
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