There has been some controversy about whether carers that may well sleep during their whole shift should be paid in line with the national minimum wage. Senior associate Holly Mieville-Hawkins, in Mental Capacity at Enable Law comments on the minimum wage for care staff.
On the one hand, many employers think that doing so would be unfair on care staff that receive the same wage for often gruelling work carried out during waking hours. Additionally, many care providers, including Local Authorities, have said that they simply could not tolerate paying such rates without risking insolvency. On the other hand, even though the carer may be able to sleep during their shift, the time is not free time; they must be in attendance the whole time, and there is a very significant chance that they will be woken on a number of occasions.