Decision means workers can only receive payment when they are ‘actively helping client’
The supreme court has dismissed a claim by care workers who carry out “sleep-in” shifts that they should be paid the national minimum wage for hours when they are not awake and actively helping the client.
The decision ends a four-year legal battle involving two care workers and the learning disability charity Mencap that threatened to leave care providers with a potential £400m back-pay bill and potentially jeopardise the care of vulnerable people.
