Sleep-in shift

A sleep-in shift, also known as an overnight stay, refers to a period of time during which an employee is required to be present at their workplace for the purpose of being available to work, but are permitted to sleep or rest on the premises. This type of shift typically involves employees sleeping on-site and being woken up by staff managers or colleagues when needed.

In the context of employment law in the UK, a sleep-in shift is considered as time worked, rather than simply being present at the workplace. However, it’s worth noting that the National Minimum Wage (NMW) and National Living Wage (NLW) rules have undergone changes regarding sleep-in shifts since 2016.

Prior to 26th March 2016, employees who were required to be on-site overnight for work purposes were entitled to the NMW or NLW for every hour worked. However, following a Supreme Court ruling in the case of Royal Mencap Society v Tomlinson-Blake (2021), sleep-in shifts are no longer considered as time worked for the purpose of calculating minimum wage entitlement.

Instead, employees who work sleep-in shifts are only entitled to the NMW or NLW when they are actually awake and available to work. If an employee is asleep during their shift, they will not be entitled to the minimum wage unless they have been woken up and have worked for a certain period of time.

It’s essential for employers to review their sleep-in shift policies and procedures in line with current employment law requirements to avoid potential disputes or claims from employees.

AceRota’s automated rotas can assist with calculating sleep-in shifts by accurately tracking hours worked and ensuring compliance with relevant legislation, such as the National Minimum Wage (NMW) rules for care workers. This helps prevent underpayment of staff and reduces administrative burdens on employers.