AHU047 Sociology

This essay will highlight the issues on the National Minimum wage for Sleep in shifts for care workers. Sleep in shifts have a major impact on the health of the caregivers as the night workers sacrifice their sleep to provide services to their patients, thus they need to be paid under the National minimum wage scheme. This essay will discuss two case scenarios of night shift care workers and their issue. It will also provide Supreme Court's verdict on the National minimum wage for sleep-in shifts and its implications.

The First case scenario describes that a care worker provided care and support to the two adult patients at their home and the worker worked in two shifts sleep in and day shift. While working during sleep in shift the care worker remained at their home and provided necessary services when needed. However, the care worker of the first case scenario claimed that the overall sleep in shift including sleeping time is considered to be known as time work under the regulations of National Minimum Wage Salary.

The Second case scenario also describes a similar issue regarding National minimum wage during sleep in shifts. However, this case is based upon on night call assistant who works at residential care home lived there for free and gets a mere meagre amount of weekly payment. Thus the assistant claimed that the amount of time spent during the call is subjected to salaried hours work under the regulations of the National Minimum Wage.

Supreme Court dismissed the claims of the two workers and also informed the employers that for this cases they don't have to pay in sleep-in shift, as according to the regulation of the National Minimum Wage the work hours are counted in sleep in a shift when the care worker is active and performing some activities. Thus this decision of the Supreme Court clarifies that there is a significant distinction between actively working and being only available at work but not active.

Thus Supreme Court's decision made implications for the employers as they previously thought they need to pay the sleep in works based on the issues as it complies with the NMW but after the verdict, they do not have to pay them for the entire sleep-in shift and they have the right to distinguish between availability at work and actively working.

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