The rising cost of a quiet ‘sleep in’: Pinsent Mason’s Joanna Ellis looks at the ramifications of a recent EAT decision

Employers running care homes may be forced to increase their wage bills for ‘sleep-in’ workers in line with National Minimum Wage Regulations (NMW) following recent decisions by the Employment Appeal Tribunal (EAT). It’s common practice in the care sector to pay workers a fixed fee for ‘sleep-in’ night shifts instead of a higher hourly rate. However, following the recent decisions of Esparon v Slavikovska and Whittlestone v BJP Home Support, these workers may now be entitled to NMW for the duration of these shifts.