Careworkers should be paid the national minimum wage for every hour of a sleep-in, even when they are asleep

This is what the Employment Appeal Tribunal has decided in the recent case of Mrs J Whittlestone v BJP Home Support Ltd.

In this case, Mrs Whittlestone was employed as a careworker and was paid £6.35 per hour for time she actually spent providing care at the home of a service user.

She was also required to undertake ‘sleepovers’ where she stayed at a service user’s house from 11pm to 7am. She was there to provide physical care, if required, during the night for three young adults who suffered from Down’s Syndrome. There was no evidence that she ever woke up from her sleep in order to provide any specific care. Mrs Whittlestone was paid £40 per week for any eight-hour ‘sleepovers’ that she undertook. Among other things, Mrs Whittlestone claimed that she should be paid at the rate of the national minimum wage for the eight-hour sleep-in…

If you are registered and logged in to the site, click on the link below to read the rest of the Anthony Collins briefing. If not, please register or sign in with your details below.

Sign in or Register to continue reading this article

Sign in


It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer


Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.


Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.


Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Browse This Firm’s


134 Edmund Street
B3 2ES

Turnover (£m): 14.50
No. of lawyers: 93