Hours spent sleeping or doing other non-work-related tasks

An hourly paid worker is entitled to be paid the NMW for all the hours for which they are contracted to work. This applies even in the case of a security worker required to remain on a work premises overnight but able to sleep or watch TV while doing so, a care worker required to sleep at the home of a service user and respond to any user needs, or a home-based worker required to respond to telephone enquiries but able to do other — non-work-related — tasks when not answering the phone.

However, the obligation to pay the NMW only applies where the worker is under the direction and control of their employer. It does not apply where the employer provides sleeping accommodation but the employee is not required to be at work.