Claire Tomlinson-Blake v Mencap – Supreme Court rules that sleeping-in at work does not constitute working time for the purposes of the national minimum wage


On 19 March 2021, the Supreme Court ruled in a landmark judgment that those engaged in “sleep-in shifts” are not entitled to the national minimum wage for the entirety of that shift, but rather only for the period of time such a worker is awake for the purpose of working. The decision will significantly affect the hundreds of thousands of sleep-in workers in the care and security sectors.

Read the entire judgment here.

Sean Jones KC, Andrew Edge and Leo Davidson appeared for Tomlinson-Blake, instructed by Unison; Judy Stone and Chris Parkin appeared for Mr Rampersad, instructed by Morrison & Foerster, acting pro bono.