You may be aware of the different rulings and government announcements about how the National Minimum Wage regulation applies to sleep-in services.
In a ruling of the Court of Appeal from the 13th July 2018 previous guidance was overturned and has found that sleep-in shifts fall into an exception from the National Minimum Wage and that minimum wage would only be payable when the worker is awake and working and not while asleep.
We are aware that Unison have applied for permission to appeal to the Supreme Court and we are still awaiting the decision if the right will be granted.
As with all legal rulings, Hertfordshire County Council (HCC) needs to consider and review their position regularly.
In sight of the new ruling HCC is continuing to consider their position and responsibilities in regards to the current legal requirements and in regards to the sustainability of the services delivered to Hertfordshire residents.
In order to inform their review, HCC have opened a very short online survey with 3 questions to gain knowledge about provider’s position. They may have more detailed questions in the future for which you can opt in or out at the end of the survey.
If you are a provider that currently delivers sleep-in services to Hertfordshire residents, please take a moment to complete this survey.
The survey date has been slightly extended and is now open until 10.09.2018.