Kate Brooks
Partner, Solicitor & Head of Employment/HR Services
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Date Published:10 Mar 2016 Last Updated:23 Jun 2021

Sleep in Workers & National Minimum Wage: 5 Steps to Take

Employment Law Advice

If you think you might be entitled to national minimum wage for sleep in shifts here are 5 steps you should take…

  1. 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.
  2. 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
  3. If you believe you are being paid short of national minimum wage, have you raised this with your employer?
  4. 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.
  5. If you think you have a claim and need legal assistance contact me at kate.brooks@ellisjones.co.uk.