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A Wake-Up Call About Sleep-In Shifts?

Sleep ins and the social care sector

HMRC’s introduction of the Social Care Compliance Scheme (the Scheme) for social care providers that may have incorrectly paid workers below legal minimum wage hourly rates for sleep-inshifts, last November (2017) brought an issue to the forefront of people’s minds which had been causing some in the social care sector sleepless nights for a while.

If you are:

  • considering carrying out an audit to assess whether you owe staff back-pay for sleep-ins (whether under the Scheme, or off your own bat);
  • looking at buying or selling a care company and are carrying out due diligence on employment issues, or seeking to agree indemnities around the same;
  • negotiating contractual terms for the provision of workers to provide sleep-in cover; or
  • looking at what to pay workers who sleep in (whether in the care sector or otherwise),

you’ll need to understand whether workers should be and/or should have been paid for sleep-in shifts.

We explain more about the issues to consider in our bulletin. If you’ve been burying your head into the sand, hoping this issue would go away, now’s probably a good time to wake up and crack on.

HRC Law has experience in dealing with HMRC investigations into NMW breaches. As employment law specialists, we understand the issues at stake. Whether you’re a recruitment business, an employer, or the owner or prospective purchaser of a business in the social care sector, we can help you to get clarity on these or other legal issues.

Please get in touch with Simon Whitehead on 0161 358 0545,, or Richard Life on 0161 358 0429,, to discuss how we could help you or your business. Let us, help you to sleep easily.


©HRC Law, November 2017. This document contains general overview information only. It does not constitute, and should not be relied upon, as legal advice. You should consult a suitably qualified lawyer on any specific legal problem or matter.