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Ask the expert: Sleeping shift

Posted by Esther Smith, Martin Brewer in Employment law on Mon, 08/03/2010 - 10:31

Martin Brewer and Esther Smith advise on whether a sleeping shift requires national minimum wage.

Sleeping shift – should we pay NMW?

We are in the Care sector and have a shift called Late/Sleep/Early. A staff member would comes on shift, does a late shift then sleeps at the client premises then work in the morning until the next staff member takes over.

What implications does this have now in terms of the WTD? Are sleepovers part of the WTD? Does this count as working time even though the staff member would be asleep at the client's house? Also, we give a payment for this sleepover but now wonder if this needs to be at the minimum wage?

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Editor's Welcome

Hello! And welcome back as we enter 2012, with a busy year ahead of us all. With talk of double-dip recessions, a possible partial or even full break-up of the Eurozone and unemployment rates set to hit nearly 9%, topics such as organisational streamlining, staff resilience and talent management are likely to be on many an HR professional's lips over the next 12 months.

But to lighten the gloom here in the UK, we also have the Queen's Diamond Jubilee and its attendant public holidays to look forward to at the start of June. Followed by two weeks of Olympic Games from 27 July to 12 August and the Paralympics from 29 August to 9 September, each generating their own excitement, but also issues to work through for hard-pressed HR departments trying to sort out the multifarious staffing issues in advance.

So with an interesting but challenging year to come, HRZone promises to be with you, supporting you all the way and providing our usual insightful blend of news, analysis, community blogs and expert comment to help you sort the wheat from the chaff. As ever, we love to hear from you too so feel free to either post your words of wisdom to our blog section yourself or, in the case of longer, more in-depth ‘expert voice’ articles, drop me a line with any ideas to cath.everett@siftmedia.co.uk.....

Cath Everett

HRZone Editor

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