Supreme Court rule on National Minimum Wage and care workers

19th March 2021

The Supreme Court has dismissed appeals in the long awaited case of Mencap v Tomlinson-Blake, which means the time a worker is required to sleep onsite before undertaking any care duties does not count towards the minimum wage calculations.

For many in the care sector, this will provide considerable relief for employers who were facing significant payments of unpaid wages to employees for the previous six years plus penalties. However, the decision will be disappointing for the workers who will only be paid for the time delivering care.

Nick Bustin

Employment Tax Director
+44 20 7969 5578
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