In July we reported on the Court of Appeal’s highly significant decision on sleep-in shifts and the national minimum wage in the case of Mencap v Tomlinson-Blake. Since our alert was published, we now have confirmation that this case will be heard by the Supreme Court and a hearing date is awaited. HMRC has also now confirmed that its Social Care Compliance Scheme (SCCS), which was launched in November 2017, will continue, notwithstanding the Court of Appeal’s decision. Under the SCCS, social care employers who may have incorrectly paid workers below the minimum wage for sleep-in shifts can undertake a self-review and make back payments, without being subject to HMRC’s normal enforcement procedures. 

The decision from the Supreme Court may impact upon the SCCS when calculating the level of back payments and further guidance from HMRC may be produced; employers should carefully consider what the maximum financial exposure may be if the Supreme Court reverses the Court of Appeal’s decision. 


Whilst the Government’s negotiations continue over the terms of the UK’s exit from the EU which, at the time of writing, remains set for March 2019, there is little that we can say with certainty about how the future will look for employers in the housing sector, and for their EU staff. The Government has, however, now confirmed how its settled status scheme will operate. Our update looks at details of the scheme and key dates to note.  We can also advise you on the settled status scheme to ensure your eligible employees complete this process correctly. 

Conviction of care home manager

Read our report on the imprisonment and strike off of a care home manager convicted of stealing over £98,000 from a resident.

Latest news

Read our update summarising key developments and stories of interest in employment law.

If you would like further advice on any of the issues referred to in this update, please contact Rachel Luddem.