How to go about claiming NMW for sleeps ins at work

[Archiethere]

Good Morning,

I work as a Carer who does sleep ins as part of my job, I'm payed a flat fee for these sleep ins which is less than NMW. One of my colleagues recently told me that his wife (who does the same job for a different company) had been reimbursed £6000 for the sleeps she had done and Is now being payed NMW for sleeping in at work.

I've done a bit of research on the subject and it does appear that we should be getting paid NMW https://www.unison.org.uk/content/up...-Wage-2015.pdf

My question is how would I go about this? I've been working for this company for 4 and a half years and the amount of sleeps I have done is substantial.

[ULA]

Re: How to go about claiming NMW for sleeps ins at work

It sound like your colleague is correct in regard to your "sleep-overs" qualifying for payment at NMW. The courts have found that ‘sleepover jobs’ would include roles such as residential care assistant, as their responsibilities continue throughout the night. These workers are considered to be ‘at work’ even when asleep, as their role requires them to be physically present during those hours (and to deal with any situations that may arise during the course of the shift). Where the job is a ‘sleepover’ job, all of the hours worked, including those where the worker was asleep, will count when calculating whether or not they have been paid the National Minimum Wage.

I would suggest that firstly you work out what out what you think you are owed bearing in mind the changes to the NMW rates compared to your hourly pay rate over the last 4 and a half years. Then arrange to meet with your employer for an informal chat and ask them to explain how they’ve worked out your pay and to tell you why they think you’re not entitled to be paid minimum wage for the "sleepover" time or why they think you may already be getting it. If your employer agrees they’ve made a genuine mistake, ask them to pay you what you’re owed immediately. Hopefully just by raising it informally and having all your facts clear in terms of an approximation of the sums owed and the legal case for why you should be paid the NMW for "sleep-overs" you should get the correct outcome. If they do not agree and you are not happy with their explanation of why they have not paid the NMW then in the first instance I would suggest raising a formal grievance explaining why you think you haven’t been paid enough and say you want them to pay the difference.

There is then further action you can take however I would suggest taking this a stage at a time.

[Archiethere]

Re: How to go about claiming NMW for sleeps ins at work

Ula thank you so much for your reply. I will follow your advice and see where that gets me.

[ULA]

Re: How to go about claiming NMW for sleeps ins at work

Great hopefully it will resolve the issue but if you do need anything further we will be here.