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New guidance: Government updates guidance on calculating National Minimum Wage for workers sleeping in

Author: Atom Content Marketing

Published: 01 Jul 2021

Organisations whose workers sleep in at work will welcome updates to the government’s guidance on how to calculate whether they are paying at least the National Minimum Wage to such workers.

The BEIS guidance 'Calculating the minimum wage' has been updated to take account of a recent legal ruling which decided that sleep-in workers only need to be paid for periods when they are ‘awake for the purposes of working’, and not for periods when they are allowed to sleep.

The new guidance does not apply to workers who are expected to carry out tasks during most of a shift but are able to take quick naps when not busy. They must be paid the minimum wage for the whole shift.

Note also that the ruling only applies if the employer provides sleeping facilities. Otherwise, even workers who are allowed to sleep during a shift must be paid the national minimum wage for hours they are asleep, as well as when awake for the purposes of working.

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Disclaimer

This article from Atom Content Marketing is for general guidance only, for businesses in the United Kingdom governed by the laws of England. Atom Content Marketing, expert contributors and ICAEW (as distributor) disclaim all liability for any errors or omissions.

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