Question to the Department for Business, Energy and Industrial Strategy:

To ask the Secretary of State for Business, Energy and Industrial Strategy, what assessment his Department has made of the effect of retrospective changes to the guidance on the application of the national minimum wage to sleep-in shifts on care workers in the learning disability sector; and if he will make a statement.

The legislation and policy regarding sleep-in shifts remains unchanged. However, employment tribunal judgments have, over time, clarified the position on what constitutes “work” in connection with sleeping time and therefore when the National Minimum Wage is payable for sleep-in shifts. Government guidance issued in February 2015 included clarification from those judgments. We are clear that everyone who is entitled to the National Minimum or National Living Wage should receive it.

The Government is exploring further options to minimise any impact on the sector as a consequence of arrears arising from sleep-in shifts. Any intervention must be proportionate and necessary, and it must satisfy EU state aid rules on government support for private organisations. We are therefore engaging more widely with the social care sector, including the learning disability sector, to strengthen the evidence base.