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Appeal to Supreme Court launched on payment for ‘sleep-in’ shifts

10 August 2018

Unison have confirmed that it will be appealing the Court of Appeal’s ruling that workers are not entitled to be paid for time when they are asleep at work- so called 'sleep-in shifts'.

The Court of Appeal’s ruling relieved employers of a £400m bill to HMRC, amounting to six years of back pay for workers not paid minimum wage for their sleep in shifts. However, that figure may once again become payable if Unison is successful.

It is expected the Supreme Court will grant permission for the appeal to be heard given the significance of the issue. It may, however, be some time before the appeal is heard; Unison believes it may take up to two months for a decision on permission alone.

Employers face more uncertainty on what to pay for sleep-in shifts. Until we have further clarity, employers should consider continuing with any contingency plans they had in place before the Court of Appeal ruling.

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