Statement on the Supreme Court’s sleep-ins ruling

Posted 22/03/2021

The Supreme Court has ruled on the Royal Mencap Society v. Tomlinson-Blake case, related to sleep-ins for social care workers.

Thera Group logo

On Friday 19 March 2021, the Supreme Court verbally handed down its judgement on the case involving Mencap, sleep-ins and the National Minimum Wage. The Court has stated that time spent asleep during a sleep-in period does not count as working time for the purpose of National Minimum Wage calculations. We’re pleased that the Court has reached its judgement on this matter after many months. It brings much needed clarity to the social care sector and the Court’s decision means that Thera’s approach remains compliant with the regulations.

Nevertheless, our staff are our greatest asset and continue to go above and beyond with their work supporting people with a learning disability. We recognise that sleep-ins has been a topic which has attracted much comment and concern amongst our workforce. We will ensure therefore that this is an aspect of pay that is considered as part of our 2021-22 pay review.




Note to editors:

Thera Group is a charitable group of 32 companies across England and Scotland, supporting people with a learning disability. We enact our vision that people with a learning disability can be leaders within society, and give the people we support real choice and control about how they live their lives.

For further press enquiries, please use our Contact us form.