Voyage Care BondCo PLC (“Voyage”) announces its response to the Supreme Court Judgement in the case of Tomlinson-Blake v Royal Mencap Society (“Mencap”)
The Supreme Court has now ruled in the case of Tomlinson-Blake vs. Mencap that sleeping time does not count as working time for National Minimum Wage (“NMW”) purposes. The ruling was unanimously in favour of Mencap. This means that for the purposes of the regulations on National Minimum Wage (NMW), time spent asleep on a “sleep-in” shift does not count as “time work” for NMW purposes.
As a result of the judgement, Voyage will no longer recognise a contingent liability in our accounts in respect of any potential liability to make payments of arrears to staff who carried out sleep-ins.
Voyage employees are currently paid a fixed amount for each sleep-in shift. Our approach will not change as it is consistent with the Supreme Court judgement and compliant with NMW regulations and HMRC guidance. As a result, this judgement does not have any financial impact on Voyage other than the removal of the contingent liability.