Date Published:10 Mar 2016 Last Updated:23 Jul 2021
Sleep in Workers & National Minimum Wage: 5 Steps to Take
If you think you might be entitled to national minimum wage for sleep in shifts here are 5 steps you should take…
- Are you required to sleep at the work place “just in case” of an emergency? If you are you may be entitled to national minimum wage for each hour worked.
- How do you calculate whether you are being paid national minimum wage?
You must take into account all monies paid (to include any day shifts/salary) and divide this by the amount of hours worked (total hours to include night shifts) in a particular period. If you are paid weekly this is likely to be one week or if you are paid monthly, one month. Or you can use the following calculator: https://www.gov.uk/am-i-getting-minimum-wage
- If you believe you are being paid short of national minimum wage, have you raised this with your employer?
- If your employer does not agree to pay you national minimum wage for all hours worked retrospectively and going forward you may decide to bring a claim against them in either the county court or employment tribunal for this amount. Before bringing such a claim you should write a letter before action to your employer and consider whether it is possible to reach an agreement with your employer.
- If you think you have a claim and need legal assistance contact me at firstname.lastname@example.org.